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These terms cover myCashware.com ("myCashware" "our" "we" "website") in relation to your use of the service provided by myCashware.com. Your use of myCashware's services and web site is subject to the terms between yourself and myCashware. "myCashware" refers to myCashware.com and any entity owning or operating the website myCashware.com. The Privacy Policy, together with the Terms herein, form a legally binding agreement between you and myCashware in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".

1. Accepting the Terms

  1. 1.1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
  2. 1.2. You can accept the Terms by:
    1. 1.2.1. clicking to accept or agree to the Terms, where this option is made available to you; or
    2. 1.2.2. by actually using the Services. In this case, you understand and agree that myCashware will treat your use of the Services as acceptance of the Terms.

2. Use of the Services by you

  1. 2.1. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States, Canada or other relevant countries).
  2. 2.2. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
  3. 2.3. Unless you have been specifically permitted to do so in a separate agreement with myCashware, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
  4. 2.4. You agree that you are solely responsible for (and that myCashware has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which myCashware may suffer) of any such breach.

3. Privacy and your personal information

  1. 3.1. For information about myCashware's data protection practices, please read myCashware's privacy policy at http://www.myCashware.com/privacy.html. This policy explains how myCashware treats your personal information, and protects your privacy, when you use the Services.
  2. 3.2. You agree to the use of your data in accordance with myCashware's privacy policies.

4. Content in the Services

  1. 4.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content."
  2. 4.2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the publishers, sponsors, advertisers who make that content available. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part).
  3. 4.3. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
  4. 4.4. You agree that you are solely responsible for (and that myCashware has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which myCashware may suffer) by doing so.

5. Proprietary rights

  1. 5.1. You acknowledge and agree that myCashware (or myCashware's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
  2. 5.2. Unless you have agreed otherwise in writing with myCashware, nothing in the Terms gives you a right to use any of myCashware's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
  3. 5.3. myCashware acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
  4. 5.4. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
  5. 5.5. Unless you have been expressly authorized to do so in writing by myCashware, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

6. Software updates

  1. 6.1. The Software which you use may automatically download and install updates from time to time from myCashware. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit myCashware to deliver these to you) as part of your use of the Services.

7. Ending your relationship with myCashware

  1. 7.1. The Terms will continue to apply until terminated by either you or myCashware as set out below.
  2. 7.2. myCashware may at any time, terminate its legal agreement with you if:
    1. 7.2.1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to comply with the provisions of the Terms); or
    2. 7.2.2. myCashware is required to do so by law;
    3. 7.2.3. myCashware is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
    4. 7.2.4. the provision of the Services to you by myCashware is, in myCashware's unfettered opinion, no longer commercially viable.

8. EXCLUSION OF WARRANTIES

  1. 8.1. NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT myCashware'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  2. 8.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
  3. 8.3. IN PARTICULAR, myCashware DOES NOT REPRESENT OR WARRANT TO YOU THAT:
    1. 8.3.1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
    2. 8.3.2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
    3. 8.3.3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
    4. 8.3.4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
  4. 8.4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  5. 8.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM myCashware OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

9. LIMITATION OF LIABILITY

  1. 9.1. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 8 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT myCashware, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
    1. 9.1.1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
    2. 9.1.2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
    3. 9.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
    4. 9.1.4. ANY CHANGES WHICH myCashware MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
    5. 9.1.5. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
    6. 9.1.6. YOUR FAILURE TO PROVIDE myCashware WITH ACCURATE ACCOUNT INFORMATION;
    7. 9.1.7. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
  2. 9.2. THE LIMITATIONS ON myCashware'S LIABILITY TO YOU IN PARAGRAPH 9.1 ABOVE SHALL APPLY WHETHER OR NOT myCashware HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

10. Advertisements

  1. 10.1. Some of the Services are supported by advertising revenue which may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
  2. 10.2. The manner, mode and extent of advertising by myCashware on the Services are subject to change without specific notice to you.
  3. 10.3. In consideration for myCashware granting you access to and use of the Services, you agree that myCashware may place such advertising on the Services in various forms/manners.

11. Other content

  1. 11.1. The Services may include hyperlinks to other web sites or content or resources. myCashware may have no control over any web sites or resources which are provided by companies or persons other than myCashware.
  2. 11.2. You acknowledge and agree that myCashware is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
  3. 11.3. You acknowledge and agree that myCashware is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

12. Changes

  1. 12.1. We reserve the right to modify these terms at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

13. General legal terms

  1. 13.1. Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
  2. 13.2. The Terms constitute the whole legal agreement between you and myCashware and govern your use of the Services (but excluding any services which myCashware may provide to you under a separate written agreement), and completely replace any prior agreements between you and myCashware in relation to the Services.
  3. 13.3. You agree that if myCashware does not exercise or enforce any legal right or remedy which is contained in the Terms (or which myCashware has the benefit of under any applicable law), this will not be taken to be a formal waiver of myCashware's rights and that those rights or remedies will still be available to myCashware.
  4. 13.4. The Terms, and your relationship with myCashware under the Terms, shall be governed by the laws of the province of Quebec without regard to its conflict of laws provisions. You and myCashware agree to submit to the exclusive jurisdiction of the courts located within the county of Quebec, Canada to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that myCashware shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.