LAST UPDATED: 2022-06-21
1. ACCESS TO THE SERVICE
- (a) The Website
The “Content” refers to the Website and all intellectual property, data, reports, text, images, sounds, computer code, along with the design and arrangement of such content, contained on the Website. The Content is owned by or licensed to Part3 and is protected by intellectual property law and all other applicable law.
Unless you pay for the Service, the Content is provided "as-is", and you’re use of the Content is at your sole risk. That means the Content may include bugs that impact your ability to access the Content and/or may impact your business. We are not liable for your access to the Content. The Content is provided on an “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free.
We reserve the right to alter the Content at any time.
- (b) The Service
By using the Service, you are confirming that you have determined that the Service is appropriate for your needs. We do not guarantee that the Service meets your needs or that they are suitable for your specific purposes.
We will provide you access to the Service in a professional and workmanlike manner. We will analyze the code used to provide the Service and the Content connected to the Service with industry standard antivirus software and debuggers and will not knowingly deliver to you any virus, bug, malware, software lock, or other disabling devices or any undisclosed code or mechanism for gaining unauthorized access to your systems.
We reserve the right to update the Service at any time. We warrant that our updates to the Service will not materially reduce the level of performance, functionality, or security of the Service during the period in which you pay for the Service.
Otherwise, we hereby disclaim all other warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Content and the Service.
- (c) Uploading Your Data
- (d) Your Account for the Service
Additionally, the terms governing the features and capabilities of your account can be found on the Website.
- (e) Access and Use Limitations
You shall not directly or indirectly, and will cause each person under your direct or indirect control not to:
- i. copy, use, post, publish, display, transmit or duplicate the Content or Service without our express written consent;
- ii. sell, rent, lease, host, sub-license or make the Content or Service available under any consulting, time sharing, outsourcing, service bureau, loan, rental, lease or any other arrangement;
- iii. use, modify, copy, link, translate or attempt to reverse engineer or decompile the Content or Service or any related software code;
- iv. use the Content or Software in any manner for spamming, sending chain letters, junk mail, or using a distribution list to communicate with a person who has not given you specific permission to contact them in such a manner;
- v. use the Content or Service to display, transmit, or otherwise provide access to any unlawful, infringing, libelous, obscene or harassing content of any kind;
- vi. send or store any data containing viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- vii. interfere with or disrupt the integrity or performance of the Content or Service or the data contained therein;
- viii. attempt to gain unauthorized access to the Content or Service or their related systems or networks; or,
- ix. make account login IDs or passwords available to any third party.
- (f) Age Restrictions
If you are under the age of 18, you are permitted to use the Content and access and Service, but you shall not submit any personal information that may be used to identify you. If you are under the age of 13, you shall only use the Content and access the Service while under the direct supervision of a parent or guardian. Regardless of your age, you shall not submit the personal information of anyone under the age of 18.
If you wish to access our Service, you will be required to select a Subscription Plan and provide Part3 information regarding your credit card or other payment instrument. The terms governing the fee, including its frequency and amount, can be found on the Website (the “Subscription Plan”) or are available upon request. Such Subscription Plan may include usage limits for you. The Subscription Plan also may have the option to prepay for your access to the Service before it begins or to receive an invoice for payment after your access of the Service has begun.
To the extent your access of the Service exceeds the usage limits provided for in your Subscription Plan, you were not invoiced for services rendered, or you missed any payments due on your account, Part3 reserves the right to recover such fees and charge you standard and overage fees for any such regular and excessive use.
We reserve the right to change our fees. If we change our fees, the Subscription Plan, or any applicable usage limits, Part3 will provide notice of the change on the Website or in an email to you, at Part3's sole discretion, at least 30 days before the change is to take effect. Your continued access to the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Your failure to provide payment in accordance with your Subscription Plan on a timely basis shall afford Part3 the right to terminate your access to the Service. All fees are non-refundable and exclusive of applicable taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees Part3 incurs collecting late amounts.
3. TERMINATION OF SERVICE
You may cancel and terminate access to the Service at any time in accordance with the terms and policies posted on the Website.
4. EXCLUSION AND LIMITATION OF LIABILITY
In no event will we have any liability to you for any lost profits or revenues or for any indirect, special, incidental, consequential, aggravated, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.
5. MUTUAL INDEMNIFICATION
- (a) your modification of the Service, but only if infringement would not have occurred absent such modification;
- (b) your combination, operation or access to the Service with other software, hardware or technology not provided or recommended by us, but only if infringement would not have occurred absent such combination, operation or use;
- (c) your access to a superseded or altered release of the Service, if such infringement would have been avoided by the access to a then-current release of the Service, as applicable, and if such then-current release has been made available to you; or
- (d) our compliance with your requests.
You must defend and indemnify us and our respective officers, directors, employees, contractors, agents, representatives, successors and assigns for any losses, costs (including reasonable legal fees) or damages incurred for:
- (b) any loss of data, security breach, fraud or introduction of malware, viruses or malicious code to the Service arising from your access to the Service.
Both our obligation to indemnify and defend each other has a monetary limit. Neither you nor us is required to spend more than $250,000 CDN pursuant to our indemnity obligations, including, without limitation, on court fees, attorneys’ fees, settlements, judgments, and reimbursement of costs.
6. INFORMATION SECURITY PROGRAM AND SECURITY BREACHES
In order to protect your security when you access our Service, we have implemented appropriate technical and organizational measures to protect the personal information you give us against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. We encrypt the personal information using industry standard encryption tools, whether in transit or at rest, and we will safeguard the security and confidentiality of all encryption keys associated with encrypted personal information.
However, please note that your security may be compromised if you share your usernames and passwords. It is your sole responsibility to ensure that all usernames and passwords used to access the Service are kept secure and confidential. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.
We will investigate all breaches of security of our Content or Service, and in the event of a breach and we are obliged by applicable law to notify you, we will notify you in writing in accordance with applicable law, and we will provide information regarding the nature and scope of the data security breach.
7. COMPLIANCE WITH LAWS
You represent and warrant that:
- (c) Your use of the Content or access to the Service will not infringe or misappropriate the confidentiality or intellectual property rights of any third party; and,
- (d) Your use of the Content or access to the Service will comply with all applicable laws, rules and regulations, and with all policies posted on the Website.
8. GOVERNING LAW AND DISPUTE RESOLUTION
9. GENERAL TERMS
- (b) ASSIGNMENT
- (c) NO WAIVER
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
- (d) SURVIVAL
- (e) NO AGENCY
- (f) SEVERABILITY
- (g) ENTIRE AGREEMENT
11. ADDITIONAL TERMS
The following additional terms and conditions apply to the access to the Service:
Archived projects must be retrieved within 30 business days.
©2023 Part3 Technologies Corp.