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TERMS OF USE

These Terms of Use (“Terms”) are a legal agreement between you and 0909616 BC LTD (The “Company”) and govern your use of this Website either and or the Mod Pass Subscription service, as a visitor, content contributor, or as a registered user. The Company is the sole owner of Mod Pass and the Mod Pass subscription service.  Use of, posting of information to, and access to this Website are subject to your compliance with these Terms, so please read them carefully before using this Website. The Company reserves the right to limit or terminate your access to this Website or terminate or suspend your registration for failure to comply with the terms and policies posted on this Website, including these Terms, or for any reason at any time.

BY ACCESSING AND USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON THIS WEBSITE IN ANY MANNER.

MODIFICATIONS TO THESE TERMS

The Company may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website, following the posting of any changes, will signify your acceptance of those changes.

CHANGES TO THIS WEBSITE

In an effort to continually improve this Website and its usefulness to you, we may add additional services or make changes to existing services. In the event that The Company makes such changes, these Terms shall apply to the new services and to any changes to existing services.

USER INFORMATION

To use certain parts of this Website, and to be a subscriber to the Mod Pass subscription service, you will be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, country zip code, or postal code. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to this Website due to the use of your ID , password, or account by another person.

You may not use anyone else’s  ID, password, or account at any time without the express permission and consent of the holder of that ID, password, or account. Company user account and passwords are for individual use only and should not be shared. Group-based and generic accounts are prohibited. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

PRIVACY POLICY

Company respects your desire for privacy and takes care to protect the personal information you provide us. Company’s privacy policy can be found at www.modpass.ca/privacy. By using this Website, you are consenting to the terms of our privacy policy.

Company has security measures in place to protect the loss, misuse, and alteration of the information under Company's control. These security measures are described in our privacy policy.

Although Company has taken the steps described in our privacy policy to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, Company does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

CONTENT

All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code (“Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of such Content, contained on this Website is owned, controlled, or licensed by Company. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Content (e.g., Terms of Service, etc.), Company hereby grants you limited permission to use the Content subject to these Terms, as long as the use of such Content is solely for your personal, non-commercial informational use.

Unless expressly permitted in an applicable agreement or on the Content itself, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Company and/or the appropriate owner. Also, you may not “mirror” any Content contained on this Website or any other server without Company’s express prior written consent.

POSTING OF USER CONTENT

Certain areas of this Website may allow you to post content, including your experiences, advice, recommendations, opinions, information, messages, or other material (“Your Content”). Please be aware that these areas are public and not confidential. You may only post Your Content to public areas and where you have permission to post. You may not post any content that violates these Terms or any third-party rights.

Company does not claim ownership of any of Your Content that you may post. However, by posting Your Content to public areas on the Website, you grant Company, its affiliates, partners, and distributors the perpetual, irrevocable, royalty-free right to use, copy, display, perform, distribute, adapt, create derivative works, sublicense, and promote Your Content in any medium and any manner whatsoever, and to use and sublicense your name, likeness, biography, voice, video, and photograph (if applicable) to attribute your postings to you. In addition to Your Content, we encourage you to provide us with feedback. You agree that we may use in any manner and without limitation all comments, advice, recommendations, suggestions, complaints, and other feedback you provide relating to this Website, Company products and/or services, and that Company will own all intellectual property that we create based upon or incorporating your feedback.

NO UNLAWFUL OR PROHIBITED USE

While using this Website, you may NOT do the following:

  • Restrict or inhibit any other user from using and enjoying this Website

  • Post or transmit any unlawful, fraudulent, libelous, defamatory, racist, sexist, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind

  • Post or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, constitute unauthorized practice of a professional service, or otherwise violate any local, state, national, or foreign law, including without limitation U.S. export control laws and regulations

  • Use the “Company” or “Mod Pass” names, domain names, trademarks, logos, or insignia in your user or screen name, or in any other manner, that would imply that you work with or are affiliated with Company

  •  Pretend that you are, or that you represent, someone else or impersonate any other person or entity

  • Invade the privacy or violate any personal or proprietary right of any person or entity

  • Post or transmit any advertisements, solicitations, chain letters, pyramid or Ponzi schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by Company), or engage in spamming, phishing, or denial of service attacks

  • Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through this Website for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)

  • Use the Website to generate traffic for other sites

  • Infringe the intellectual property rights or similar rights, including but not limited to copyrights, trademarks, and patents, of any person or entity

  • Upload, post, publish, transmit, reproduce, or distribute in any way information, software, or other material obtained through this Website, which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder 

  • Upload, post, publish, reproduce, transmit, or distribute in any way any component of this Website itself or derivative works with respect thereto without Company’s prior written consent, as this Website is protected under U.S., Canada and International copyright laws

  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or Company’s systems or networks, or any systems or networks connected to this Website or to Company

  • Forge headers (headings) or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through this Website or any service offered on or through this Website

  • Use any robot, spider, scraper, or other automated means to access this Website or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines

  • Post or transmit any information or software that contains a virus, Trojan horse, worm, or other harmful component

  • Post or transmit any information, file, or software that contains, but not limited to, a virus, Trojan horse, worm, adware, spyware, crimeware, online graffiti tagger, dropper, rootkit, keylogger, bot, or any other harmful software program or program element

LINKS TO THIRD PARTY WEBSITES AND SERVICES

In attempting to provide you with comprehensive and useful resources, this Website may contain links to third-party websites, which are not under the control of the Company. The Company is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply that the Company endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.

In connection with your use of this Website, you may be made aware of services, products, offers, and promotions provided by third parties, and not by Company. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not Company, is responsible for the performance of the third-party services or products.

NO DUTY TO MONITOR

The Company shall have the right, but not the responsibility, to monitor and/or remove Website content that is provided by others. While some community and other areas may be monitored for relevance, we have no obligation to pre-screen any content and are not responsible for the posting of such content. We reserve the right to refuse to post, to edit submitted content, and to remove content for any reason. Further, Company is not responsible for any failure or delay in removing content.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

At The Company, we respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report possible copyright infringement. When contacting us, please provide the Company’s support agent with the following information:
 

  • A full description of the copyrighted work or other intellectual property that you claim has been infringed

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest

  • A description of where the material that you claim is infringing is located on this Website 

  • Your name, address, telephone number, and e-mail address

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

  • A statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf


The Company’s support agent can be reached for infringement issues at legal@modpass.ca.

Inquiries claiming infringement that are not relevant to the claim of copyright infringement will not receive a response.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Company (OR The Company’S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, REMOVAL OR TERMINATION OF THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THIS WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL The Company AND ITS SUPPLIERS’ CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO Company DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS.

INDEMNIFICATION

You shall indemnify, defend, and hold harmless The Company, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions that arise from your wrongful use of this Website in violation of its terms. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim. The foregoing indemnification provision shall not apply to the extent that any claims, demands, damages, costs, or liabilities, are the result of Company’s own negligence, fraud, willful injury or willful violation of law.

DISCLOSURE OF USE

Company may disclose any information we have about you (including your identity), any transmittals or communications by you, and your use of this Website or any services made available on this Website if we determine that such disclosure is necessary to (1) comply with legal process, (2) comply with any investigation or complaint regarding your use of this Website, (3) enforce these Terms of Use, (4) respond to claims that any such data violated the rights of others, or (5) protect the rights, property, or personal safety of Company, its employees, and visitors to or users of this Website, including Company’s customers, and the public.

Company reserves the right at all times to disclose any information that The Company deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Company may also disclose your information when Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

TERMINATION

You agree that The Company may, in its sole discretion and without prior notice, terminate your access to the Website or services and/or block your future access to the Website or services  if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Website or services , or for other reasons that may include but are not limited to (1) requests by law enforcement or other government agencies, (2) a request by you to remove your account, (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

In the event this agreement is terminated, the restrictions regarding Content or materials appearing on the Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms of Use will survive termination. In the event that you are unsatisfied with the Website or any services that may be provided by Company, your sole remedy is to terminate this agreement.

If Company does take any legal action against you as a result of your violation of these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any injunctive or equitable relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Website.

GOVERNING LAW

These Terms and your use of this Website  and services will be governed by the laws of the Canada, without regard to conflicts of law provisions; all claims and actions must be brought in the provincial court located in British Columbia, Canada; and, you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and venue.

MISCELLANEOUS

The Company may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of Company to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and Company regarding this subject matter, and they govern your use of this Website. The failure of Company to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid, the parties nevertheless agree that the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. Regardless of any statute or law to the contrary, except in New Jersey, any claim or cause of action arising out of or related to use of the Website, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

REFUNDING YOUR SUBSCRIPTION

Eligible purchases can be refunded to the original payment method for up to 30 days from the date of purchase. Please contact support@modpass.ca for any refund requests.

THIS SITE IS OWNED AND OPERATED BY  0909616 BC LTD.

Company revised these Terms on July 30, 2020.