AGREEMENT BETWEEN USER AND SMARTSETTLE
The Smartsettle website is comprised of various web pages operated by iCan Systems Inc. (iCan). The Smartsettle website is offered to you on the condition that you accept without modification, the terms, conditions, and notices contained herein. Your use of the Smartsettle website constitutes your agreement to all such terms, conditions, and notices.
iCan reserves the right to change the terms, conditions, and notices under which the Smartsettle website is offered, including but not limited to the charges associated with the use of the Smartsettle website. If you have started a Smartsettle case, the charges and fees will not change for that case.
LINKS TO THIRD PARTY SITES
Smartsettle websites may contain links to other websites (“Linked Sites”). The Linked Sites may not be under the control of iCan and iCan is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. iCan is not responsible for webcasting or any other form of transmission received from any Linked Site. iCan is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iCan of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Smartsettle website, you agree with iCan that you will not use the Smartsettle website for any purpose that the Smartsettle website is not established for including any illegal purpose or purpose that may be prohibited by the terms and conditions. You may not use or do anything to the Smartsettle website in any manner which could damage, disable, overburden, or impair the Smartsettle website or interfere with any other party’s use and enjoyment of the Smartsettle website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Smartsettle website and shall indemnify and save iCan harmless from any losses, damages or costs iCan may suffer as a result of your actions.
USE OF COMMUNICATION SERVICES
The Smartsettle website enables you to communicate with the other party (or parties) to a negotiation (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service and you agree that when using a Communication Service, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise),
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others,
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information,
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same,
- Use any material or information, including images or photographs, which are made available through the Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party,
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another,
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages,
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner,
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded,
- Restrict or inhibit any other user from using and enjoying the Communication Services,
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service,
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent,
- Violate any applicable laws or regulations,
- Create a false identity for the purpose of misleading others, or
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
You shall indemnify and hold iCan harmless from any losses, damages or costs iCan may suffer as a result of your actions in connection with the any of the foregoing. If any of the foregoing occurs, iCan reserves the right to:
- 1. review materials posted to a Communication Service and to remove any materials in its sole discretion;
- 2. terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever; and
- 3. at all times, disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in iCan’s sole discretion.
iCan does not control or endorse the content, messages or information found in any Communication Service and you enter and use all such information at your own risk. iCan specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Information posted/uploaded by users of this website do not necessarily reflect the views of iCan.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
iCan does not claim ownership of the materials you provide to iCan (including feedback and suggestions) or post, upload, input or submit to any Smartsettle website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting iCan and its affiliated companies permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, display, reproduce, edit, translate and reformat your Submission to other parties who are part of the negotiation process.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and you authorize iCan to transmit all such information to any party who is part of the negotiation process, subject to iCan’s right to edit or delete materials in accordance with the provisions of this policy.
Upon your commencing to use the Smartsettle website, your credit card details may be obtained for payment. If no agreement is reached, then there will be no fee levied for use of the Smartsettle website. In the event the Smartsettle website assists with or contributes to reaching agreement, then the agreed fee for use of the website is payable to iCan and your credit card will be billed, whether or not the negotiation process has been completed.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SMARTSETTLE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ICAN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SMARTSETTLE WEBSITE AT ANY TIME.
ADVICE RECEIVED VIA THE SMARTSETTLE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE FUNCTION OF THE SMARTSETTLE SITE IS TO ATTEMPT TO HELP PARTIES RESOLVE CONFLICT AND YOU ACKNOWLEDGE AND AGREE THAT IN THE END, ANY DECISION TO ACCEPT OR NOT ACCEPT ANY PROPOSAL MADE IS ULTIMATELY YOUR DECISION AND ICAN SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENCES OF ACCEPTING OR REJECTING A GIVEN PROPOSAL. ICAN DOES NOT PROVIDE ANY WARANTIES REGARDING INFORMATION UPLOADED BY ANOTHER PARTY TO THE NEGOTIATION AND YOU RELY ON SAME AT YOUR OWN RISK. IN THE EVENT THAT YOU ARE UNSURE WHETHER TO ACCEPT A PROPOSAL, THE CONSEQUENCES OF ACCEPTING OR NOT ACCEPTING A PROPOSAL OR THE LEGAL IMPLICATIONS OF YOUR ACTIONS, YOU SHOULD CONSULT A LAWYER. BY USING THE SITE, YOU ARE UNDER NO COMPULSION TO ACCEPT ANY PROPOSAL. HOWEVER, YOU AND NOT ICAN ARE RESPONSIBLE FOR ALL CONSEQUENCES OF DOING SO.
ICAN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SMARTSETTLE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ICAN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
iCan reserves the right, in its sole discretion, to terminate your access to the Smartsettle website and the related services or any portion thereof at any time, without notice.
This agreement is governed by the laws of the Province of British Columbia, Canada and you hereby consent to the exclusive jurisdiction and venue of courts of the Province of Bristish Columbia in all disputes arising out of or relating to the use of the Smartsettle website. Use of the Smartsettle website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and iCan as a result of this agreement or use of the Smartsettle website. iCan’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of iCan’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Smartsettle website or information provided to or gathered by iCan with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and iCan with respect to the Smartsettle website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and iCan with respect to the Smartsettle website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. Les partis aux presentes confirmant leur volont que cet acte de m me que tous les documents s y attachant, y compris tout avis soient redig s en anglais.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Smartsettle website are Copyright 2010 by iCan. All rights reserved. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement under Canadian copyright law should be sent to:
iCan Systems Inc.
1185 W. Georgia St., Vancouver BC V6E 4E6.