Thank you for selecting All The Right Type software (the "Software"). This license agreement (the "Agreement") is a legal agreement between you ("Licensee", "you", "your"), and Ingenuity Works Inc. and/or Ingenuity Works Canada Inc. ("Ingenuity Works" "we", "our" or "us" ). You must accept the terms of this Agreement before accessing or otherwise using the Software or any of the services that may be provided by Ingenuity Works under this Agreement ("Services"). To access and use the Software and Services, Licensee must have access to the Internet.
If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Software. If you are not willing to be bound by these terms and conditions, you may not access or otherwise use the Software or Services.
LICENSE GRANT AND RESTRICTIONS. Subject to the terms and conditions of this Agreement, including the payment of any applicable subscription fees, Ingenuity Works grants you a personal, limited, non-exclusive, non-transferable license to electronically access and use the Software. You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following: (i) access or attempt to access any other Ingenuity Works systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the All The Right Type site; (iii) permit any third party to benefit from the use or functionality of the Software or Services via a rental, lease, timesharing, service bureau, or other arrangement; iv) transfer any of the rights granted to you under this Agreement; (v) work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Software or Services, prevent access to or the use of the Software or Services by Ingenuity Works' other licensees or customers, or impose an unreasonable or disproportionately large load on Ingenuity Works' infrastructure; or (vii) otherwise use the Software except as expressly allowed under this Section.
RESERVATION OF RIGHTS AND OWNERSHIP. The Software is licensed not sold, and Ingenuity Works reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret and other intellectual property laws. Ingenuity Works and its licensors own the title, copyright, and other worldwide intellectual property rights in the Software and all copies of the Software. This agreement does not grant you any rights to trademarks or service marks of Ingenuity Works.
LICENSEE ACCESS INFORMATION AND ACCOUNT DATA. You are solely responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Software, (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Software and Services (collectively, " Account Data"). You are responsible for providing access and assigning passwords to other users under your account for the Software and Services, and ensuring that such authorized users comply with this Agreement.
SOFTWARE USE, STORAGE AND ACCESS. Ingenuity Works shall have the right, in its sole discretion and with reasonable notice posted on the All The Right Type site and/or sent to your email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Software and Services, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Software at any time, and (ii) the number of times (and the maximum duration for which) you may access the Software in a given period of time. Ingenuity Works reserves the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Software and Services to which such changes relate. Your continued use of the Software or Services will constitute Licensee's acceptance of and agreement to such changes. Ingenuity Works may, from time to time, perform maintenance upon the Software or Services resulting in interrupted service, delays or errors in the Software or Services. Ingenuity Works will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
CONDUCT. You agree not to upload, post or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data or other information) that contains:
Inappropriate content such as: profanity, objectionable material of any kind, links to websites that contain information about illegal activity, information or software that contains a virus, Trojan horse, or other harmful or disruptive component. Spam such as: commercial solicitations, chain letters, securities offerings, repetitive, pointless or irrelevant postings. Attacks such as: "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, creating usernames to attack other participants' identities, impersonating other individuals or falsely representing your identity or qualifications, postings that breach any users' privacy.
You may be offered new Ingenuity Works Services or Software that may be in beta and are not final. As a result, the Software and/or Ingenuity Works Service may contain errors, "bugs" and other problems which may result in the failure of such Software and/or Ingenuity Works Service. You agree that Ingenuity Works may contact you in order to assist you with the service and to obtain information needed to determine and fix any error.
You provide your consent for Ingenuity Works Inc. and/or Ingenuity Works to communicate with you and other related district/school persons via email, phone, fax or mail to keep apprised of any updates.
LIMITATION OF LIABILITY. Neither Ingenuity Works nor anyone else who has been involved in the creation, production or delivery of the product shall be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of anticipated profits or benefits resulting from the use of the product or arising out of any breach of any warranty. TERM. The license granted under this agreement is effective until terminated. It will terminate if you fail to comply with any term or condition of this Agreement.
DISPUTE RESOLUTION: PLEASE READ THIS SECTION CAREFULLY. YOU WILL HAVE TO RESOLVE ANY DISPUTE THROUGH ARBITRATION AND NOT THROUGH A COURT PROCEEDING.
Unless prohibited by law, all disputes arising out of, or in connection with these Terms and Conditions will be commenced, referred to, and resolved by arbitration, except that You may assert a claim on an individual basis in small claims court. If any part of this arbitration agreement is deemed invalid or unenforceable, the other parts will remain in force. You and Ingenuity Works Inc. and/or Ingenuity Works Canada Inc. acknowledge and agree that they waive any constitutional and statutory rights to a trial by jury and to seek relief in a court of law.
The arbitration will be conducted in English, before a single arbitrator, and within the Province of British Columbia, Canada. The arbitration may be held remotely, and costs will be borne by each party.
However, You and Ingenuity Works. agree to resolve any and all disputes in the least onerous manner. Therefore, You and Ingenuity Works agree to negotiate, informally and in good faith, a resolution to the dispute before commencing arbitration. The claimant party will give notice to the other party of the initiation of the informal resolution process. You and Ingenuity Works will participate in a video conference within 45 days from the receipt of notice, unless extended by agreement of the parties. Any applicable limitation period will be temporarily suspended during this negotiation period.
You may opt out of this arbitration agreement by notifying Ingenuity Works in writing within 30 days from the effective date of this arbitration agreement. Your notice will include your name, the email account associated with your Ingenuity Works account, and a clear statement that You are opting out of this arbitration agreement. If You opt out, all other parts of this Agreement will continue to apply.
If the entire arbitration agreement is deemed invalid or unenforceable in respect to a particular claim or dispute, You agree to submit that claim or dispute not subject to arbitration to the exclusive jurisdiction of the courts of British Columbia, Canada.
DISCLAIMER OF WARRANTIES. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INGENUITY WORKS, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIER COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE AND SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. INGENUITY WORKS DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, IDENTITY THEFT, THREAT OF HACKERS, OTHER PROGRAM LIMITATIONS, OR THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS. INGENUITY WORKS ATTEMPTS TO ENSURE THAT THE ALL THE RIGHT TYPE DATA STORED ON INGENUITY WORKS' SERVERS IS SAFE AND SECURE BY EMPLOYING REASONABLE, INDUSTRY-RECOGNIZED SECURITY AND VIRUS SAFEGUARDS, AND CONDUCTING ROUTINE SYSTEM MAINTENANCE AND MONITORING.
YOUR USE OF THIS PRODUCT ACKNOWLEDGES THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT AND AGREE TO ITS TERMS. YOU FURTHER AGREE THAT THE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. FINALLY. YOU AGREE THAT YOU HAVE BEEN AFFORDED A FULL OPPORTUNITY TO RECEIVE A REFUND BEFORE USE OF THE PRODUCT, AND THAT THE CONSIDERATION PAID FOR USE OF THE PRODUCT SHALL ONLY BECOME FINAL UPON YOUR COMMENCING USE OF THE PRODUCT.
