Table of Contents
As part of the Online Service, My Online Home Inventory (a division of Rite Online, Inc.) will provide You with use of the Online Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Online Service shall be deemed to be Your agreement to abide by this Agreement.
2. Charges and Payment of Fees
You will pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You agree to provide Us with complete and accurate billing information. This information includes Your billing name and email address. If the information You have provided is false or fraudulent, We reserve the right to terminate Your access to the Online Service in addition to any other legal remedies.
3. Non-Transferable License
My Online Home Inventory grants to You a personal, non-exclusive, non-transferable license to use and display the information, documents, images and produce reports contained in or made available through the Online Service (the "Content") solely for Your own internal purposes. All rights not expressly granted herein by Us to You are reserved by My Online Home Inventory and/or its licensors.
You are permitted to store, manipulate, analyse, reformat, print, and display the Content only for Your internal use. Unauthorised use, resale or commercial exploitation of the Online Service and/or the Content in any way is expressly prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third party. You shall not "frame" or "mirror" any Content contained on, or accessible from, the Online Service on any other server or Internet-based device.
5. User Responsibilities
You are solely responsible for any and all activities that occur under Your account and ensuring that You exit or logout from Your account at the end of each session of use. You shall notify My Online Home Inventory immediately of any unauthorised use of Your password or account or any other breach of security that is known or suspected by You. You shall also use Your best efforts to stop immediately any copying or distribution of Content that is known or suspected by You. My Online Home Inventory and its licensors shall not be responsible for (i) any unauthorised access to, or alteration of, Your transmissions or data, or any material, information or data sent or received, regardless of whether the data is actually received by My Online Home Inventory, (ii) any transactions entered into through the Online Service, or (iii) any failure by You to abide by this Agreement.
6. Delivery of Email
6.1 My Online Home Inventory will attempt to deliver all of the email that is addressed to Your email address on My Online Home Inventory's Services. However, the nature of email is such that My Online Home Inventory cannot guarantee delivery of such email.
6.2 You are solely responsible for ensuring that Your email address on record in My Online Home Inventory's account information is accurate and kept up to date.
7. Account Information and Data
My Online Home Inventory does not own any data, information or material that You submit to the Online Service ("Data"), unless We specifically tell You otherwise before You submit it. My Online Home Inventory will not monitor, edit, or disclose any information regarding You or Your account, including any Data, without Your prior permission except in accordance with this Agreement or as may be required by law. My Online Home Inventory may access Your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not My Online Home Inventory, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data, and My Online Home Inventory shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Data.
8. Use, Storage and Other Limitations
My Online Home Inventory reserves the right to establish or modify general practices and limits concerning use of the Online Service, including without limitation the maximum disk space that will be allotted on My Online Home Inventory's servers on Your behalf. The current maximum disk storage space provided at no additional charge is 100 MB per account. If the amount of disk storage required exceeds this limit, You may be charged additional fees. My Online Home Inventory will use reasonable efforts to notify You when the average storage used reaches approximately 90% of the current maximum but You will be responsible for any additional storage charges regardless.
This Agreement commences upon the Start Date (as set forth in the Online Subscription), cannot be cancelled, and, unless terminated for cause by My Online Home Inventory as set forth below, continues for the Initial Term set forth in the Online Subscription. My Online Home Inventory will notify You via email that You may elect to renew, if there is no response My Online Home Inventory will assume You are terminating the Online Service.
10. Termination for Cause
10.1 Any unauthorised access, use, copying, disclosure, distribution, or sublicensing by You or with Your aid or consent of the Online Service or Content or any related methods, algorithms, techniques, or processes will be deemed a material breach of this Agreement.
10.2 My Online Home Inventory in its sole discretion may terminate Your password, account or use of the Online Service if You breach or otherwise fail to comply with this Agreement. In addition, My Online Home Inventory may terminate a free account if You do not respond to the acknowledgement that will be emailed to You.
11. Data Rights
My Online Home Inventory reserves the right to withhold, remove and/or discard Data without notice for any breach, including, without limitation, Your non-payment. Upon termination for cause, Your right to access or use Data immediately ceases, and My Online Home Inventory shall have no obligation to maintain any Data stored in Your account or to forward any Data to You or any third party.
13. Intellectual Property Rights
13.1 Except for the licenses granted herein, You have no right, title or interest in or to My Online Home Inventory, the Online Service or any Content of My Online Home Inventory or its licensors, including, without limitation, documentation, stories, articles, text, images, and other multimedia data and all such right, title and interest shall remain exclusively with My Online Home Inventory and its licensors, as applicable.
13.2 "My Online Home Inventory Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations My Online Home Inventory uses in connection with its products and services. You may not remove or alter any My Online Home Inventory Trademarks, or co-brand Your own products or material with My Online Home Inventory Trademarks, without My Online Home Inventory's prior written consent. You acknowledge My Online Home Inventory's rights in My Online Home Inventory Trademarks and agree that any use of My Online Home Inventory Trademarks by You shall inure to My Online Home Inventory's sole benefit. You agree not to incorporate any My Online Home Inventory Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with inventory management or similar products, services or technologies.
14. Mutual Indemnification
14.1 You shall indemnify and hold My Online Home Inventory, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with any unauthorised or improper use of the Online Service or Content or any breach of this Agreement by You.
14.2 My Online Home Inventory shall indemnify and hold You harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with Your proper and authorised use of the Online Service or Content.
15. Disclaimer of Warranties
15.1 MY ONLINE HOME INVENTORY WARRANTS THAT THE MEMBERSHIP SERVICE PROVIDED WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE FUNCTIONS DESCRIBED IN THE ONLINE MY ONLINE HOME INVENTORY HELP DOCUMENTATION UNDER NORMAL USE AND CIRCUMSTANCES.
15.2 EXCEPT AS PROVIDED IN SUBSECTION 15.1 ABOVE:
16. Limitation of Liability
16.1 IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS MEMBERSHIP SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE MEMBERSHIP SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE MEMBERSHIP SERVICE, CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 IN NO EVENT SHALL EITHER PARTY'S LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING UNDER THIS AGREEMENT OR FROM PERFORMANCE THEREUNDER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT.
My Online Home Inventory alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by You relating to the Online Service ("Submissions") and You agree to assign such Submissions to My Online Home Inventory free of charge. My Online Home Inventory may use such Submissions as it deems appropriate in its sole discretion.
My Online Home Inventory may give notice by means of a general notice on the Online Service, electronic mail to Your email address on record in My Online Home Inventory's account information. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending. You may give notice to My Online Home Inventory (such notice shall be deemed given when received by My Online Home Inventory) at any time by letter delivered by nationally recognised overnight delivery service or first class postage prepaid mail to My Online Home Inventory at the following address: My Online Home Inventory, #2001 138-1876 Cooper Road, Kelowna, BC, V1Y 9N6.
19. Trademark Information
My Online Home Inventory, MOHI, the My Online Home Inventory logo, myonlinehomeinventory.com, and certain other trademarks and logos appearing on this web site, are trademarks or registered trademarks of My Online Home Inventory in Canada and other countries.
20.1 The Agreement constitute the entire agreement between You and My Online Home Inventory relating to their subject matter, and cancel and supersede any prior versions of the Agreement. No modification to the Agreement will be binding, unless in writing and signed by an authorised My Online Home Inventory representative. You must not assign or otherwise transfer the Agreement or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use My Online Home Inventory or third-party products or services.
20.2 British Columbia law and controlling Canadian federal law govern any action related to the Agreement and/or Your use of the Website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Agreement. You and My Online Home Inventory agree to submit to the personal and exclusive jurisdiction of the courts located within the province of British Columbia, Canada.
20.3 Rights and obligations under the Agreement which by their nature should survive will remain in full effect after termination or expiration of the Agreement.
20.4 Any express waiver or failure to exercise promptly any right under the Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Agreement is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Agreement will remain in full force and effect.
January 1, 2007
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