SortSpoke Trial Agreement
MOCSY INC. OPERATING AS SORTSPOKE (“SORTSPOKE”/“WE”) OWNS AND OPERATES THIS WEBSITE LOCATED AT HTTP://SORTSPOKE.COM AND ITS SUBDOMAINS (THE “WEBSITE”). THESE TERMS OF USE (“TERMS”) APPLY TO ALL USERS OF THIS WEBSITE INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO ORDER AND/OR USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN SORTSPOKE IS UNWILLING TO ALLOW YOU TO PARTICIPATE IN THE TRIAL, AND YOU MUST NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY SORTSPOKE FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE OF THE WEBSITE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
These Terms are entered into between Mocsy Inc. operating as SortSpoke with a place of business at Toronto, Ontario, Canada (“Company” or “we”), and the individual with the email address submitted for the trial (“Customer” or “you” or “your”).
By clicking the “I Accept” checkbox or button, Customer agrees to be bound by all the terms and conditions stated herein as of the date the checkbox or button was clicked (“Effective Date”).
To use and/or register for the services offered through the Website (the “Service”) you must be: a) of legal age to form a binding contract with SortSpoke and b) cannot be a person barred from receiving the Service under the laws of the country in which you reside or from where you use the Service. By accepting these Terms you represent that you understand and agree to the foregoing. If you are accepting these Terms on behalf of a corporation or other entity, you represent and warrant that you have the necessary right and authority to enter into these Terms on behalf of such corporation or entity and to bind such corporation or entity to these Terms.
TRIAL SERVICE TERMS
About the Service. You understand that the Service is being provided for evaluation purposes meaning that features of the Service may be limited and may not reflect the full capabilities that the Service will have in production use. The Service is made available to you on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing SortSpoke with feedback on the quality and usability of the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES. In addition, SortSpoke is not obligated to provide any maintenance, technical or other support for the Service.
Important Terms for Users. Those users who join the trial (the “Trial”) by (i) receiving an invitation to participate; and (ii) agreeing to these Terms will have access to the Service on the following terms:
Accounts. You are responsible for all activity that takes place on your account. Please choose a strong password for your account and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.
Restrictions on Use of the Service. SortSpoke may impose certain limitations on the use of the Service, including, but not limited to restricting the number of accounts you may register and/or imposing charges for certain features of the Service. You agree to use the Service only for purposes as permitted by these Terms and not to use the Service for any purpose prohibited by applicable law or regulation. SortSpoke reserves the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate users and/or terminate the Trial without any liability whatsoever to you. In using the Service, you shall not:
Indemnification. You agree to defend, indemnify and hold SortSpoke, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service or its outputs; (c) any violation by you of these Terms or any applicable law or regulation; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Service.
DATA TERMS
Personal Information. Through your use of the Service we will have access to certain personal information and device data. You acknowledge and agree that data collected in connection with your use of the Service including personal information may be stored by us or our third-party providers in the United States and Canada. Please review our Privacy Policy carefully as it sets out how we collect, store and use information about our users and will govern use of your personal information. If you do not agree with any of our privacy practices you must not access or use the Service.
License to SortSpoke. Except for material we may license to you, SortSpoke does not claim ownership of the materials and/or content you submit to the Website (“Content”). You own all right, title and interest in and to your Content. However, by using the Service you grant SortSpoke a worldwide, royalty-free, non-exclusive license to collect, use and store such Content solely for the purpose of providing the Service. Said license will terminate within a commercially reasonable time after you or SortSpoke terminate your account. You also grant us the right to analyze and compile data derived from Content and from information related to your use of the Services which we may use without restriction provided that such derived data does not contain personal information and is otherwise de-identified. You represent and warrant that you have the necessary right and authority to grant us the licenses granted herein, and you shall defend, indemnify and hold us harmless for any breach of this representation or warranty by you.
TERM AND TERMINATION
Termination by You. You may terminate your account and/or stop using the Service at any time.
Termination by SortSpoke. SortSpoke may at any time, under certain circumstances and without prior notice, immediately terminate the Trial or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Service or Website; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by SortSpoke in its sole discretion, and SortSpoke will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
Effect of Termination. On termination, you will lose all access to the Service and any portions thereof, including, but not limited to, any Content associated with your account. SortSpoke will destroy all Content in our actual or constructive possession within a commercially reasonable period after termination.
IMPORTANT DISCLAIMERS AND SERVICE LIMITATIONS
THE WEBSITE AND SERVICE ARE PROVIDED "AS IS." SORTSPOKE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES AND CONDITIONS OF ANY KIND RLATING TO THE WEBSITE AND THE SERVICE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE OR THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE WEBSITE OR THE SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OR CORRUPTION OF DATA THAT RESULTS. YOU FURTHER ACKNOWLEDGE THAT THE WEBSITE AND THE SERVICE ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SORTSPOKE OR THROUGH OR FROM THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
UNDER NO CIRCUMSTANCES SHALL SORTSPOKE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICE, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SORTSPOKE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID SORTSPOKE IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY THE APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
GENERAL TERMS
Access to Your Account and Content. You acknowledge and agree that SortSpoke may access, use, preserve and/or disclose your account information and content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of SortSpoke, its users or the public as required or permitted by law.
Feedback. We welcome your suggestions, comments and feedback on the Service (“Feedback”) as it helps us to improve the product and our services. If you provide us with Feedback you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) SortSpoke (including all of its successors and assigns) may freely use such Feedback without any restrictions; and (d) you are not entitled to receive any compensation or re-imbursement of any kind.
Export Control. Use of the Service may be subject to the export and import laws of Canada, the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list.
Notices. SortSpoke may provide you with notices regarding the Service, including changes to these Terms, by email or by postings on the Website.
Governing Law & Disputes. This Agreement shall be governed by the laws of the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the Province of Ontario shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Website and the Service and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
Entire Agreement. These Terms (together with our Privacy Policy) constitute the entire agreement governing use of the Website and the Service during the Trial and all related activities. We reserve the right to modify or change the Service at any time without notice or liability to you. These Terms shall not be modified except by a new posting of these Terms by SortSpoke. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. We may assign these Terms without restriction.
Questions/Contact. If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Service, please contact us at: support@sortspoke.com.
Version: 2021-05-06
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