YOUR USE OF THE SIMPLESET PRO SOFTWARE CONTAINED IN THIS WEB SITE CONSITUTES YOUR EXPRESS AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT CLICK "AGREE" AND NOT USE SIMPLESET PRO SOFTWARE.
This agreement is made between 329design Inc. (hereinafter "329design"), a corporation incorporated pursuant to the laws of the Province of Saskatchewan and you ("the User"). This agreement is a legally binding agreement.
329design has created a web based software by the name SimpleSet Pro (hereinafter the "Software"), which is designed to be used by licensed physical therapists. The User wishes to subscribe for and use the Software, subject to the terms and conditions as set out herein.
The Software is and remains wholly owned by 329design. All materials and content contained in the Software shall remain the property of 329design and are protected by intellectual property laws, including copyright that may apply to software throughout the world.
(b) Limited License
By subscribing for the use of the Software, 329design grants the User a limited, revocable, non-transferrable, non-exclusive license to use the Software.
Without limiting the generality of the foregoing, the User is expressly prohibited from:
(a) distributing or copying the Software;
(b) including the Software in or with any product or service that the User sells;
(c) reverse engineering the Software.
In no event shall 329design, its directors, employees, agents and assigns be held liable for any direct, indirect, special, incidental, punitive or consequential damages (including without limitation loss of profits, cost of replacement of goods, loss of or damage to data) claimed by any person or entity, arising out of or in any way connected with the User's use of the Software, the User's inability to access the Software or the User's reliance on the Software, whether such liability is based on contract, tort, statute, strict liability or other legal theory.
The User agrees to indemnify, defend and hold harmless 329design, and its representatives from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable solicitor fees and costs) arising out of, based upon or in connection with the User's use of the Software.
This Software is provided on an "as is" and "as available" basis. 329design assumes no responsibility for accuracy, correctness, timeliness or content of the Software. The User should not assume that the Software will be continuously updated. 329design is not responsible for supplying content or materials that have expired or have been removed from the Software.
329design does NOT accept any liability whatsoever for the User's use or access to the Software. To the fullest extent available at law, 329design disclaim making any representations and warranties of any kind whatsoever in respect of the Software. 329design disclaims all express and implied warranties including, without limitation, those of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights and those arising by law, under statute, in trade, by course of dealing or otherwise.
Without limiting the generality of the foregoing, 329design does not represent or warrant that:
(a) access to the Software will be secure, timely, error or virus-free, continuous or uninterrupted;
(b) the Software will be accurate, complete and current;
(c) errors, defects and inaccuracies in the Software will be corrected.
329design, in its sole and absolute discretion, may change, suspend or discontinue any aspect of the Software at any time, including the availability of any feature, database or other material. 329design may also impose limits on certain features and services, or restrict the User's access to parts or all of the Software, without notice to the User.
A valid credit card is required for all paying accounts with respect to the Software. Subscriptions will be billed to the User's credit card once per month on an ongoing basis until cancelled by the User. Payment is non-refundable, even if the User cancels the User's subscription part way through a period for which the User has already paid.
Any changes to the User's account requiring a change in the amount billed for any subscription or subscriptions will be billed automatically to the User's credit card.
All listed fees are exclusive of taxes, levies or duties imposed by any taxing authority.
The User is solely responsible for properly cancelling the User's account. Cancellation will take effect immediately upon the User cancelling the User's account.
The User's data will not be stored by 329design after cancellation or termination of this agreement.
329design may terminate this agreement at any time for any reason. 329design reserves the right to refuse the Software to the User at any time.
329design does not accept liability with respect to any loss that may be incurred by the User or any third party with respect to cancellation or termination of this agreement.
This agreement shall be governed by the Laws of the Province of Saskatchewan. The User does hereby attorn to the jurisdiction of the Courts of the Province of Saskatchewan. Any action commence pursuant to this agreement shall be brought through the Courts of the Province of Saskatchewan.
This agreement shall not be assigned by the User without written approval from 329design.
If any portion of this agreement is found to be invalid or unenforceable at law, the remainder of the agreement not found invalid or unenforceable shall remain in force and be of full effect.
This agreement is the entire agreement between the parties with respect to the Software. No other representations, warranties, covenants, agreements or communications, whether express or implied, either oral or written, shall form part of this agreement.
This agreement shall enure to the benefit of, and be binding upon, the User and the User's heirs, executors, administrators, personal representatives, successors and permitted assigns, and upon 329design and its successors and assigns.
The foregoing terms and conditions were last amended on November 22nd, 2011
© 2011 329design Inc. All rights reserved.