This License and Service Agreement (the "Agreement") is between you and Loa Corporation, ("Loa") a corporation having its primary offices in Edmonton, Alberta, Canada. This Agreement governs your use of the LoaPost mobility management services, including all related software (the "Software") and all related user instructions and content (collectively the "Services").
If you do not accept this Agreement, you will not be able to use the Services. By using the Services you confirm that you:
As used in this Agreement, the terms "you", "your" or "user" are synonymous. A user having rights under this Agreement is someone that; (a) uses the Services in any way; (b) provides Loa with the required registration information; (c) pays Loa the applicable service fee; and (d) complies with the terms and conditions of this Agreement.
Loa shall mean Loa Corporation and all of its affiliates, licensors, distributors, advertisers, web-link providers, dealers and suppliers.
Loa grants you a limited, non-exclusive, non-transferable license to use the Services solely to securely manage the transfer of information on electronic networks, including but not restricted to the sending of e-mail and other information on the Internet.
You agree that your use of the Services shall be in strict accordance with the 'Acceptable Use Policy' posted on the loapost.com website.
You are not licensed or permitted under this Agreement to do any of the following:
You agree that you shall not use the Services to provide any unlawful or illicit products or services. You will not use the Services for any unlawful, fraudulent or improper activity. You will cooperate fully with Loa to investigate any suspected unlawful, fraudulent or improper activity.
You agree not to use unsolicited e-mail, Usenet, message board postings, or similar methods of mass messaging ('spam') to communicate with any persons who have not consented to receive such communications from you. Loa reserves the right to immediately terminate this Agreement if you send unsolicited e-mail (in addition, you may be subject to provincial, state and federal penalties and other legal consequences under applicable law if you send unsolicited e-mail). For further information, please see the Acceptable Use Policy posted on the supporting website loapost.com.
The Services are licensed to you, they are not sold or assigned, and Loa reserves all rights not expressly granted to you in this Agreement. The Services are protected by copyright, trade secret and other intellectual property laws. Loa owns the title, copyright, and other intellectual property rights in the Services. This Agreement does not grant you any rights to trademarks or service marks of Loa.
Loa PowerTools, LoaPost, and the Loa marks, among others, are trademarks and service marks of Loa in Canada, the United States and other countries. Any other product names, trademarks, service marks or registered marks, symbols, trade names, company names and/or logos that appear within this product are the property of their respective owners.
You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any person or company or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Loa has the right to terminate your use of the Services, and Loa will have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize Loa to make any inquiries it considers necessary to validate your registration.
You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing Loa with a correct and operational e-mail address. Loa will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access, an e-mail account and any required equipment. You must promptly notify Loa of any change in your e-mail address.
You shall be charged service fees for use of the Services in accordance with the service fee schedule that can be accessed at loapost.com. You shall be charged the fee amount in effect on the date you register. Loa may modify the applicable fees at any time without prior notice. Your payment to Loa of all fees and any additional applicable charges and taxes, must be made by your valid credit card or such other means as are agreed to by Loa. Except as otherwise provided herein, all fees and charges are non-refundable.
You agree that fees will be payable monthly payable on such date as may be determined by Loa in its sole discretion.
Loa may use a variety of methods to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support are subject to change as announced by Loa from time to time. Consult the LoaPost help and support web site Loapost.com/support.html for the most up-to-date information relating to this support.
Loa may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services ("Feedback"). You agree that Loa may, in its sole discretion, use the Feedback you provide to Loa in any way, including in future modifications of any of the Services, advertising and promotional materials relating thereto. You hereby grant Loa a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to Loa in the Feedback.
In connection with the promotion or your use of the Services, you may be made aware of services, products, offers and promotions provided by third parties, and not by Loa. ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You authorize Loa to use and disclose your contact information, including name and address, for the purpose of making the Third Party Services you choose available to you. Your participation in such Third Party Services indicates your acceptance of such terms and conditions. You agree that the relevant third party, and not Loa, is responsible for the performance of the Third Party Services.
The Services may contain or reference links to third party websites. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Loa of any information contained in any third party website. In no event will Loa be responsible for the information contained in such third party website or for your use of or inability to use such website. Access to any other website is at your own risk, and you should be aware that linked websites may contain terms and privacy policies that are different from those of Loa. Neither Loa nor its Suppliers are responsible for such provisions, and expressly disclaim any liability for them.
Your rights under this Agreement, and any licenses granted hereunder, may be terminated by Loa immediately and without notice if you fail to comply with any term or condition of this Agreement, including without limitation non-permitted use of the Services, or non-payment of fees.
Upon termination by Loa, you must immediately cease using the Services and you shall be responsible for full payment of all fees accrued for use of the Services up to the date of termination.
Any termination of this Agreement shall not affect Loa's rights hereunder.
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your user account or your use of the Services ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Communications may be posted, without limitation, electronically on the LoaPost website or may be delivered to your e-mail address. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Loa reserves the right but assumes no obligation to provide Communications in paper format.
Loa shall have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Services upon notice in accordance with the terms of this Agreement, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any Loa sponsored web site, including but not limited to the web site listed in this Agreement. Any use of the Services by you after Loa's publication of any such changes shall constitute your acceptance of this Agreement as modified.
You will be required to designate a user ID and password which, when used together, will provide you with access to your LoaPost account. You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to Loa's authorized technical support personnel to assist you. You are responsible for the use of the Services under your user ID.
If you lose or forget your member ID or password, you will not be able to access your LoaPost account to use the Services. Procedures to recover lost passwords and user IDs are available at the LoaPost support page at http://www.loapost.com/support.html.
Notwithstanding any contrary statement, Loa may use your user ID if necessary to facilitate its ability to provide you with the Services.
You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party access to your computer. You agree to abide by Loa's security policies as communicated by Loa from time to time on loapost.com.
If you are not satisfied with the Services, Loa will refund the unused portion of any services fees paid by you if you contact Loa customer service within (sixty) 60 days of paying the relevant services fees, request such refund, and provide your respective account information.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12 ABOVE, THE SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOA AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, ADVERTISERS, WEB-LINK PROVIDERS, DEALERS AND SUPPLIERS (COLLECTIVELY, THE "SUPPLIERS"), DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY TITLE AND NON-INFRINGEMENT. LOA DOES NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS. LOA DOES NOT WARRANT THAT THE LOAPOST.COM WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
All warranties or guarantees given or made by Loa with respect to the Services are for the benefit of the user of the Services only and are not transferable, and shall be null and void if a user breaches any terms or conditions of this Agreement.
YOU AGREE THAT IN NO EVENT WILL Loa BE LIABLE FOR ANY LOSS, COST LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN ANY THIRD PARTY SERVICES. THE ENTIRE CUMULATIVE LIABILITY OF LOA AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES, AS APPLICABLE, TO LOA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOA AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, LOSS OF SAVINGS, LIABILITY OR PENALTY FOR SPAM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF Loa OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES LOA ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICES. THE LIMITATIONS OF DAMAGES OR LIABILITY SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOA AND YOU. LOA WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS.
This Agreement (and any additional terms and conditions with which Loa supplements this agreement) is a complete statement of the agreement between you and Loa, and sets forth the entire liability of Loa and your exclusive remedy with respect to the Services and their use.
The suppliers, agents, employees, distributors, and dealers of Loa are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Loa. Any waiver of the terms herein by Loa must be in a writing signed by an authorized officer of Loa and expressly referencing the applicable provisions of this Agreement.
Loa shall be not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
The validity and performance of this Agreement shall be governed by the laws of the Province of Alberta (without reference to choice of law principles), and applicable Canadian federal law.
This Agreement is deemed entered into at Edmonton, Alberta, and shall be construed as to its fair meaning and not strictly for or against either party. Headings are included for convenience only, and shall not be considered in interpreting this Agreement.
This Agreement does not limit any rights that Loa may have under trade secret, copyright, patent or other laws.
It is the express wish of the parties that this Agreement and all related documents are drawn up in English.
C'est la volont expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.