RVisitors Terms of Service

Last Updated: 2020/08/15

RVisitors is a service provided by 1671385 Ontario, Inc.

1.      Your Agreement with 1671385 Ontario, Inc.

1.1     Your use of the RVisitors as the End-User (the “End-User”) is governed by this agreement (the "Terms"). "1671385" means 1671385 Ontario, Inc., located in Oakville, Ontario, Canada. The “RVisitors Services” means the services 1671385 makes available through it mobile applications, applications and website.

1.2     In order to use the RVisitors Services, you must first agree to the Terms. You must accept the Terms in order to use RVisitors Services. You understand and agree that 1671385 will treat your use of the RVisitors Services as acceptance of the Terms from that point onwards.

2.      Your Account and Use of the RVisitors Services

2.1     You must provide accurate and complete registration information any time you register to use the RVisitors Services either as an account holder or as an on-site visitor. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify 1671385 immediately.

2.2     Your use of the RVisitors Services must comply with all applicable laws, regulations and ordinances, including any export laws.

2.3     You agree not to (a) access (or attempt to access) the administrative interface of the RVisitors Services by any means other than through the interface that is provided by 1671385 in connection with the RVisitors Services, or (b) engage in any activity that interferes with or disrupts the RVisitors Services (or the servers and networks which are connected to the Service).

2.4     You may use the RVisitors Services only for its intended purpose of gathering on-site visitor contact information.

2.5     Information collected is for the sole purpose of contact tracking and cannot be used for any other purposes such as customer email list whose intended use is for marketing purposes.

3.      Representation

3.1     Any End-User that is representing an organization (the “Host”) for the purpose of gathering on-site visitor contact information must have permission from the Host and capable of entering into a binding contract.

4.      Service Policies and Privacy

4.1     1671385 reserves the right to stop services to any End-User if they not using RVisitors Services within the Terms of Service.

5.      Fees or Subscriptions for Use of the RVisitors Services

5.1     1671385 may change its fees and payment policies for the RVisitors Services by notifying you at least thirty (30) days before the change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL 1671385 may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.

5.2     Subscriptions are bill in advanced of the billing cycle which is either monthly or annual. Subscription will automatically renew prior to the next billing cycle.

5.3     A valid credit card is required for processing subscription and other fees. Complete billing information including name, address, state/province, city, zip/postal code and phone number are required to payment processing. By providing such payment information, the End-User authorizes 1671385 to initiate payment transactions for subscriptions and other fees.

6.      Proprietary Rights

6.1     You acknowledge and agree that 1671385 (or 1671385's licensors) own all legal right, title and interest in and to the RVisitors Services, including any intellectual property rights which subsist in the RVisitors Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

 

7.      License from 1671385 and Restrictions

7.1     1671385 gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by 1671385 as part of the RVisitors Services as provided to you by 1671385 . This license is for the sole purpose of enabling you to use and enjoy the benefit of the RVisitors Services as provided by 1671385, in the manner permitted by the Terms.

7.2     You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the RVisitors Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by 1671385, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the RVisitors Services or any applications running on the RVisitors Services.

7.3     Open source software licenses for components of the RVisitors Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with 1671385 for the use of the components of the RVisitors Services released under an open source license.

8.      Modification and Termination of the RVisitors Services

8.1     1671385 is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the RVisitors Services which 1671385 provides may change from time to time without prior notice to you. Changes to the form and nature of the RVisitors Services will be effective with respect to all versions of the RVisitors Services; examples of changes to the form and nature of the RVisitors Services include without limitation changes to fee and payment policies, added functionality, and other enhancements.

8.2     You may terminate these Terms at any time by canceling your account on the RVisitors Services. You will not receive any refunds if you cancel your account.

8.3     You agree that 1671385, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the RVisitors Services may be without prior notice, and you agree that 1671385 will not be liable to you or any third party for such termination.

8.4     Upon any termination of the RVisitors Services or your account these Terms will also terminate, but Sections 6, 8, 9, 10, 11, and 14 shall continue to be effective after these Terms are terminated.

9.      EXCLUSION OF WARRANTIES

9.1     NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT 1671385's WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

9.2     YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE RVISITORS SERVICE IS AT YOUR SOLE RISK AND THAT THE RVISITORS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

9.3     1671385, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE RVISITORS SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 1671385, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE RVISITORS SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE RVISITORS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE RVISITORS SERVICES WILL BE ACCURATE.

10.  LIMITATION OF LIABILITY

10.1  SUBJECT TO SECTION 9 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1671385, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR 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.

10.2  THE LIMITATIONS ON 1671385'S LIABILITY TO YOU IN PARAGRAPH 10.1 ABOVE SHALL APPLY WHETHER OR NOT 1671385 HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

11.  Indemnification

11.1  You agree to hold harmless and indemnify 1671385, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "1671385 and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the RVisitors Services, (c) your violation of applicable laws, rules or regulations in connection with the RVisitors Services, or (d) your Content including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, 1671385 will provide you with written notice of such claim, suit or action.

12.  Copyright Policy

12.1  You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices") or similar copyright laws based on your operating jurisdiction. It is 1671385's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your account. For more information, please go to http://www.rvisitors.com/about/policies.html

13.  Changes to the Terms

13.1  1671385 may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.

13.2  You understand and agree that if you use the RVisitors Services after the date on which the Terms have changed, RVisitors will treat your use as acceptance of the updated Terms.

14.  General Legal Terms

14.1  The Terms constitute the whole legal agreement between you and 1671385 and govern your use of the RVisitors Services (but excluding any services which 1671385 may provide to you under a separate written agreement), and completely replace any prior agreements between you and 1671385 in relation to the RVisitors Services.

14.2  There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

14.3  If 1671385 provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.

14.4  You agree that 1671385 may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the RVisitors Services. By providing 1671385 your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

14.5  You agree that if 1671385 does not exercise or enforce any legal right or remedy which is contained in the Terms (or which 1671385 has the benefit of under any applicable law), this will not be taken to be a formal waiver of 1671385's rights and that those rights or remedies will still be available to 1671385 .

14.6  1671385 shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

14.7  The Terms, and your relationship with 1671385 under the Terms, shall be governed by the laws of the Province of Ontario without regard to its conflict of laws provisions. You and 1671385 agree to submit to the exclusive jurisdiction of the courts located within Toronto, Ontario, Canada to resolve any legal matter arising from the Terms.

14.8  Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the RVisitors Services upon written notice to the assigning party.