The following are the terms of a legal agreement between: (a) either you or the entity that you represent; and (b) TabbleDabble Inc., a corporation registered under the Canadian Business Corporations Act. R.S. 1985 and its subsidiaries and affiliates ("TabbleDabble").
You represent and warrant that you have the full authority to act on your behalf, on behalf of any organization you purport to represent, and on behalf of any and all owners of any right, title and interest in and to any Personal or Confidential Information (defined below) you post, submit, transfer, make available, or link to. You must be of the age of majority in Canada and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement, and to abide by and comply with this agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein.
REPRESENTATIONS AND WARRANTIES
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "AS IS" and "AS AVAILABLE."
In particular, TabbleDabble does not represent or warrant to you that:
(a) your use of the services will meet your requirements;
(b) your use of the services will be uninterrupted, timely, secure or free from error;
(c) any information obtained by you as a result of your use of the Services will be accurate, reliable or without error; and
(d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from TabbleDabble or through or from the Services shall create any warranty not expressly stated in the terms. TabbleDabble further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
You may use our site and Services only for lawful purposes. You may not use our site or Services in any manner that:
(a) breaches any applicable local, national or international law or regulation;
(b) in any way, is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) harms or attempts to harm minors in any way;
(d) will reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of TabbleDabble; or
(e) will abuse either verbally, physically, written or other abuse (including threats of abuse or retribution) of any TabbleDabble customer, employee, member, or officer
and any of the foregoing will result in immediate account termination.
You represent and warrant that you will not use the Service to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment. Nor will you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You further represent and warrant that you will not disrupt the functioning of the site, in any manner.
TabbleDabble understands the importance to you of any personal or confidential information provided to TabbleDabble. TabbleDabble shall use reasonable endeavors to keep the personal or confidential information ("Personal or Confidential Information") confidential and, except with the prior written consent, shall:
(a) not use or exploit the Personal or Confidential Information in any way except for the purposes of the Services;
(b) not disclose or make available the Personal or Confidential Information in whole or in part to any third party, except as expressly permitted by this agreement; and
(c) keep separate the Personal or Confidential Information from all documents and other records.
Personal or Confidential Information will not include information that: (a) is generally known in your industry; (b) is now or subsequently becomes generally available to the public through no wrongful act of TabbleDabble; (c) is independently created by TabbleDabble without direct or indirect use of the Personal or Confidential Information; or (d) TabbleDabble rightfully obtains from a third party who has the right to transfer or disclose it.
You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account at: firstname.lastname@example.org
TabbleDabble is not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
TabbleDabble does not claim ownership of the materials you provide to TabbleDabble in any way and does not share those materials with third-parties. However, by posting, uploading, inputting, providing or submitting any such materials, you are granting TabbleDabble, its subsidiaries or sub-licensees permission to use your submitted materials in connection with the operation of its business, including, without limitation, the rights to copy, distribute, transmit, reproduce, edit, translate and reformat your submitted material for the purpose of troubleshooting, support and testing.
The System will store your data as long as your account is current and active.
If you remove your data (by deleting a survey, un-publishing a survey, deleting a response, downgrading an account, etc.) or cancel your account, the system will remove your data permanently from the primary database servers immediately.
On a nightly basis, we create a backup of all data in our system, which is retained for 7 days, after which it will be removed permanently from all our systems. This backup is for use by TabbleDabble Inc. only in the case of disaster recovery or to maintain business operations in the case of an emergency.
We will not accommodate requests for restoring data from our backup systems unless there is data loss due to a system or hardware failure on our part. No Exceptions.
TabbleDabble is unable to provide refunds for a subscription to a plan which is paid on a monthly basis. However, a subscription may be cancelled at any time. Subscriptions that are cancelled before the next billing period will not be provided a refund for the current billing period. Subscription cancellations will take effect immediately and may result in a loss of data and/or services related to the cancelled subscription.
LIMITATION OF LIABILITY
Subject to the provisions in the paragraphs above, you expressly understand and agree that TabbleDabble shall not be liable to you or to any third party for:
(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; and
(b) any loss or damage which may be incurred by you including, but not limited to loss of damage as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) any changes which TabbleDabble may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) the deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the services;
(iv) your failure to provide TabbleDabble with accurate account information; and
(v) your failure to keep your password or account details secure and confidential.
The limitations on TabbleDabble's liability to you in the paragraph above shall apply whether or not TabbleDabble has been advised of or should have been aware of the possibility of any such losses arising. In no event shall TabbleDabble's entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards the Services.
This agreement shall at all times and in all respects be governed and construed in accordance with the laws of the Province of Ontario.
If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the provisions that most closely match the intent of the original provision and the remainder of the agreement shall continue in effect.
Upon acceptance of this agreement, you grant TabbleDabble a royalty-free, transferable license to use, reproduce and represent the trademarks and logos of you or your client, on whose behalf you are using the services provided by TabbleDabble, on all documentation promoting the products and services of TabbleDabble. TabbleDabble shall seek prior authorization from the you for any press release.
Unless otherwise indicated, this agreement constitutes the entire agreement between you and TabbleDabble.
This agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of TabbleDabble.