These Terms of Service (“Terms“) govern your use of websites, related web-based applications and hardware products (“Products and Services”) provided by XpertSea Solutions Inc. (“XpertSea”, “Company”, “we”, “us”, “our”). By accessing or using our Products and Services, you the user (“User”, “you”, “your”) agree to be bound by these Terms. If you’re using our Products and Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “User”, “you”, and “your” refer to that Organization. If you do not agree with these Terms, do not use the XperCount device or other Products and Services provided by XpertSea.
You may need an XpertSea Account in order to use some of our Products and Services. Your XpertSea Account is assigned to you by XpertSea upon purchase confirmation of an XperCount device. You are responsible for choosing a strong password (e.g. by avoiding using the same password as other third party services, and by including numbers, symbols, uppercase and lowercase letters) for your XpertSea Account. You are responsible for safeguarding the confidentiality of your XpertSea Account password. You are responsible for the activity that happens on or through your XpertSea Account. You agree to notify XpertSea immediately if you become aware of any breach of security or unauthorized use of your account.
By using our Products and Services, you agree to the following obligations:
The software contained within our Products and Services (“Software”) may automatically download and install updates from XpertSea from time to time. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, new features, modules and completely new versions. You agree to receive such updates (and permit XpertSea to deliver these to you) as part of your use of the Products and Services.
These Terms will govern any upgrades or updates provided by XpertSea that replace and/or supplement all or part of the original Software, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.
XpertSea may, but is not obligated to, provide any updates, maintenance, warranty, technical or other support or services for any Open-Sourced Components contained within the Products and Services.
We provide our Products and Services using a commercially reasonable level of skill and care and we hope that you will find value in using them. However, there are certain things that we don’t promise about our Products and Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER XPERTSEA NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PRODUCTS AND SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTIONS OF THE PRODUCTS AND SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XPERTSEA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT XPERTSEA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. XPERTSEA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO XPERTSEA IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.
You acknowledge and agree that the Products and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or in information presented to you through the Products and Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products and Services, in whole or in part.
Unless you have agreed otherwise in writing with XpertSea, nothing in the Terms gives you a right to use any of XpertSea’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Products and Services.
You are free to stop using our Products and Services at any time. We may also terminate or suspend your access to the Products and Services at any time if you are not complying with these Terms or if you are using the Products and Service in a manner that we believe may cause us financial or legal liability.
These Terms and the relationship between you and XpertSea shall be governed and construed in accordance with the laws of the Province of Québec, Canada without regard to its conflict of law provisions. All claims arising out of or relating to these Terms or the Products and Services will be litigated exclusively in the federal or provincial courts of Québec City, Québec, Canada, and you and XpertSea consent to personal jurisdiction in those courts.
The Products and Services, or any feature or part thereof, may not be available in all languages or in all countries and XpertSea makes no representation that the Products and Services, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Products and Services, you do so at your own initiative and are responsible for compliance with any applicable laws.
The Products and Services may be modified from time to time, often without prior notice to you. Your continued use of the Products and Services constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Products and Services, your sole remedy is to terminate your use of the Products and Services.
Our Terms of Service may be updated from time to time. We will not reduce your rights under these Terms without your explicit consent. We will post any changes to the Terms on this page and display the date of last update. If the changes are significant, we will provide a more prominent notice (including, for certain services, an email notification of changes to the Terms).
Where XpertSea has provided you with a translation of the English language version of our Terms of Service, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with XpertSea.
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
For questions about these Terms of Service, email us at firstname.lastname@example.org.