LaunchBoard Software Inc. dba "Advize" ("Advize") owns and operates www.advize.ai and other related websites with links to these Terms and Conditions (collectively, the “Site”). Advize provides access to a collection of resources related to business planning, modelling and testing (the 'Advize IO Services' i.e. ‘Services’).
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING AND/OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT
2. Term; Scope
This Agreement is active from the point of initial registration by Client or User. The Agreement shall remain active and in place until such time as:
All data associated with accounts, User or Client, which have become inactive due to non-payment or discontinuation of subscription will continue to be subject to the appropriate sections of this agreement.
We reserve approval authority regarding the implementation and use of the Services on the Site. We reserve the right to suspend the Services should we find an implementation issue with the Site. Any suspension of Services will remain in place until the issues, as outlined by Advize, are corrected. A suspension of Services shall not relieve you of your payment obligations under the Agreement.
3. License to and Description of Services
Advize grants a Client and its Users a nontransferable license to use the Services during the Term and in accordance with this Agreement. Any new features or content which Advize may develop and add to the Services will be subject to the terms of this Agreement and may:
4. Ownership and License Rights to Content on the Services
5. Client Responsibilities
Client, and each User, agrees not to use the Services to:
"Advize" and the Advize logo, as well as certain other words and logos displayed on the Advize website or in Advize Content, constitute trademarks, trade names, or service marks ("Marks") of Advize or other entities. Client is not authorized to use any such Marks without prior written consent from Advize. Ownership of all such Marks and the associated goodwill remains with Advize or those other entities.
Advize's inclusion of web links in the Services to any other Website or Internet resource is for Client or Users’ convenience only. The inclusion of these does not signify Advize's endorsement of this Website, Internet resource or its contents. Advize shall have no responsibility or liability for any information, software, or materials obtained from third-party Web sites or Internet resources.
8. Passwords and Security
Accounts are specific to the entity subscribing. Client and each User are prohibited from sharing their Account login information. Every Subscriber is responsible for maintaining the confidentiality of their Account and passwords, and Client and its Users are exclusively responsible for all activities that occur under such accounts. Client and each User agrees to immediately notify Advize of any unauthorized use of their Account or any other breach of security.
Client or Users may terminate their Advize Account and access to the Services at any time by submitting a request via email to firstname.lastname@example.org at any time.
Advize may terminate, suspend or limit access to your account and services, without prior notice. Cause for termination, suspension or limiting of access shall include, but not be limited to:
Upon termination of Client's account, for any reason, Advize reserves the right to
Upon termination of an User's account for any reason, Advize reserves the right to
You agree to indemnify and hold Advize and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party (including Users) due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Advize Services, your use of the Advize Services, your connection to the Advize Services, your violation of the TOS, or your violation of any rights of another.
12. Warranty Disclaimer
ADVIZE AND ITS SUPPLIERS PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE" AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. ADVIZE AND ITS SUPPLIERS DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES. ADVIZE AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, RELIABLE, OR ERROR-FREE. ADVIZE DISCLAIMS ALL LIABILITY IN CONNECTION WITH THE COLLECTION, STORAGE, REPRODUCTION, AND PROVISION OF THE USER CONTENT TO CLIENT AND CLIENT'S USE OF USER CONTENT.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADVIZE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE ADVIZE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ADVIZE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE ADVIZE SERVICE.
a. Each party, at its sole respective cost and expense, shall comply with all present and future federal, state and local laws, ordinances, rules, regulations, directives and guidelines applicable to its performance or use, as applicable, of the Services (collectively "Laws") including, without limitation, all data privacy and processing Laws, and all intellectual property and licensing Laws.
b. Nothing in this Agreement is intended or shall be deemed to constitute a partnership, agency, employer-employee, or joint venture relationship between the parties. There is no fiduciary duty or special relationship of any kind between the parties to this Agreement. Each party expressly disclaims any reliance on any act, word, or deed of the other party in entering into this Agreement.
c. If any portion of this Agreement is found to be invalid, illegal, or unenforceable for any reason, the remainder of the Agreement shall continue in force and, if needed, the parties or a court of competent jurisdiction shall substitute suitable provisions having like economic effect and intent. All waivers by either party will be effective only if in writing. Any waiver or failure by either party to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. "Includes" and "including" are not limiting. This Agreement may only be modified as provided for herein, and otherwise cannot be modified, terminated or amended in any respect orally or by conduct of the parties without written agreement by the parties.
d. Advize may freely assign this agreement to any other party without consent or notice. A Client or User may assign this agreement to a third party only with Advize's express prior written consent. Any attempted assignment or transfer in violation of the foregoing will be void.
e. From time to time, Advize may review and alter its subscription packages, including the term, included features, the nature of the Services, pricing assumptions and Advize's pricing model. Advize may, in its sole discretion, change this Agreement, the Services, pricing, pricing assumptions and/or the pricing model, at any time. Advize may notify Client by conspicuously posting notice of such changes on its Site, or sending e-mail to Client and/or Users. Client and each User is responsible at all times for updating its Account, as applicable, to provide to Advize its most current e-mail address. If the last e-mail address that Client or an User has provided to Advize is not valid, or for any reason is not capable of delivering to Client or the User the notice described above, Advize's dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If Client or User objects to any such changes, their sole recourse shall be to cancel their subscription to the Services. Continued use of the Services following this 30 day notice period of any changes shall constitute Client's or the User's acceptance of such changes, as applicable. Advize reserves the right to modify, suspend, or discontinue the Services with or without notice. Advize will notify Clients and Users via the Services of any significant updates thereto. Advize shall not be liable should Advize exercise its right to modify, suspend, or discontinue the Services.
f. Each party agrees that it has reviewed and approved this Agreement, and accordingly any presumption or rule of construction permitting ambiguities to be resolved against the drafting party shall not be employed in the interpretation or application of this Agreement.
g. This Agreement shall be construed under the laws of the Province of British Columbia, notwithstanding any choice-of-law principle that might dictate a different governing law. Each party irrevocably agrees, consents and submits to the exclusive jurisdiction of and venue in the federal and provincial courts located in Vancouver, BC with respect to any dispute arising out of or relating in any way to this Agreement.