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Your Arbor Inc. (“Arbor”, “we”, “us”, or “our” has developed and hosts the “software-as-a-service” solution that that is designed to (a) analyze the environmental impact of the Customer’s products; (b) provide an assessment regarding the sustainability of the Customer’s products against certain sustainability benchmarks (the “Measure Services”); and (c) showcase the sustainability of the Customer's products to their consumers on the Customer’s websites, social media accounts, and other digital platforms (the “Showcase Services”, and together with the Measure Services, the “Services”).
These Terms of Service (these “Terms”) govern your access to and use of the Services as well as all information, content and documentation available on or through the Services or that are associated with the Services (the “Content”, and together with the Services and Arbor Data, the “Arbor Property”).
Please read these Terms carefully. They constitute a legal agreement between you and Arbor. By executing an agreement that references these Terms, or by accessing or using the Services, you confirm your agreement to accept and be bound by these Terms, as they may be amended from time to time (see below), in relation to your entire relationship with Arbor, both before and after your acceptance of these Terms. If the individual who accepts these Terms does not have that authority, or does not agree with these Terms, that individual must not accept these Terms and may not access or use the Services or other Arbor Property.
To access or use the Services and Content, you must accept these Terms. Please note that in order to access certain subscription based functionality available through the Services, you must be provided with access to the Services through one or more persons that has purchased a subscription for the Services (each, a “Customer”). Your access to the Services is subject to (a) the discretion of the Customer that has provided you with access to or use of the Services, who may terminate or suspend your access to or use of the Services; and (b) your compliance with the terms and conditions of these Terms, as determined by Arbor in its sole discretion.
Before completing the sign-up process for your account, you will be required to indicate your acceptance of these Terms. By creating an account, you represent, warrant, and covenant that you (a) can form a binding contract with Arbor; (b) will comply with these Terms and all applicable laws, rules, and regulations; (c) will provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise; and (d) will maintain and update your information, including your contact information, so that it remains accurate, current, and complete at all times.
You will be responsible for the confidentiality and use of your username and password and agree not to transfer to any third-party your right to use or access the Services via your account. Arbor hereby disclaims any and all responsibility or liability for any unauthorized use of your account. You agree to notify us immediately of any unauthorized use, theft, or appropriation of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else’s use of your account, username, or password, either with or without your knowledge. For clarity, you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
Access and Use of the Services.
Subject to the terms and conditions of these Terms, Arbor will provide you with access to and use of the Services and Content. Your right to access and use the Services and Content is non-exclusive, may not be transferred or sublicensed to any other person or entity, any may be revoked by Arbor at any time, in its sole discretion, in accordance with these Terms.
Ownership of Content, Documentation, and Services.
You acknowledge and agree that the Arbor Property, including all intellectual property and intellectual property rights in or related to the Arbor Property, are, will be, and will remain the sole and exclusive property of Arbor, its affiliates, its licensors, or their respective successors and assigns. Neither these Terms nor your use of the Arbor Property convey or will convey to you any right, title, or interest in or in relation to the Arbor Property, except for the limited right to access and use the Services, Content, and Documentation that is granted to you expressly in these Terms. All rights in and to the Arbor Property, and the intellectual property in and related to them are expressly reserved by their owner(s), except to the extent of the licence expressly granted to you in these Terms.
Ownership of Arbor Data.
You acknowledge and agree that any and all data, performance metrics, analytics, reports, know-how, or other information related to the functionality or performance of the Services, including the De-Identified Data (collectively, “Arbor Data”), regardless of how, when, or by whom they are created, are, will be, and will remain the sole and exclusive property of Arbor, its affiliates, its licensors, or their respective successors and assigns. You further acknowledge and agree that the Arbor Data is an original compilation protected by copyright law, Arbor has dedicated substantial resources to collect, manage and compile the Arbor Data, and the Arbor Data constitutes trade secrets of Arbor. All rights in and to the Arbor Data, and the intellectual property in and related to the Arbor Data, are expressly reserved by their owner(s), except to the extent of the limited licence expressly granted to you in these Terms.
License to Feedback.
You grant to Arbor, its affiliates, and their respective licensees, successors, and assigns, an exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferable, and sublicensable right and license to use and incorporate into the Arbor Property any suggestion, enhancement, request, recommendation, correction, or other feedback provided by you relating to the Arbor Property or the business, products, or services of Arbor or its affiliates.
You agree that you will not:
Engaging in prohibited conduct constitutes a breach of these Terms and may subject you to civil liability or criminal prosecution under applicable laws. Arbor reserves the right to investigate and/or terminate your account, without a refund of any purchases or settlement of any outstanding accounts, if you have violated these Terms, misused any Arbor Property or acted in a manner that Arbor considers as inappropriate or unlawful.
While Arbor endeavours to keep downtime to a minimum, we cannot promise that the platform or availability of the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend access to the Services and Content, or any part thereof, with or without prior notice for any reason and you will not be entitled to any refund of fees or other compensation for any such interruption or suspension.
You are solely responsible, at your own expense, for obtaining and maintaining all Internet access, computer hardware, and other equipment and services needed to access and use the Services.
Arbor updates the Content on the Services periodically. However, Arbor cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of that Content. Arbor may revise, supplement or delete information, Content, and services or resources contained on the Services and reserves the right to make such changes without prior notification to past, current, or prospective users.
Arbor is not responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise affect the use of your computer equipment or other property on account of your access to or use of the Services or your downloading or otherwise acquiring any Content or other information from or through the Services.
ARBOR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND ARBOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS OR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SERVICES, CONTENT, AND ANY OTHER ARBOR PROPERTY ARE PROVIDED “AS-IS” AND AS AVAILABLE, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. FOR CLARITY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARBOR MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, CONTENT, OR ANY OTHER ARBOR PROPERTY, OR ANY PRODUCTS, SERVICES, OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE.
IN NO EVENT WILL ARBOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR RELATED TO THESE TERMS OR THE PROVISION OF THE SERVICES OR CONTENT (INCLUDING LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWSOEVER ARISING, EITHER OUT OF A BREACH OF THESE TERMS (INCLUDING BREACH OF WARRANTY), NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER THEORY OF LIABILITY, EVEN IF THE ARBOR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ARBOR’S TOTAL MAXIMUM AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OR IN CONNECTION TO THE USE OR EXPLOITATION OF ANY PART OF THE SERVICES, OR ANY CONTENT, IN ANY MANNER, WILL BE LIMITED TO CAD$10.
ARBOR DOES NOT ASSUME ANY RISKS BEYOND THOSE EXPRESSLY STATED IN THESE TERMS.
You will indemnify, defend, and hold harmless Arbor, its affiliates, and their respective directors, officers, shareholders, employees, staff, representatives, agents, licensors, licensees, successors, and assigns (the “Arbor Parties”) from and against any and all claims, demands, damages, judgments, penalties, fines, costs, and expenses, including legal fees, and disbursements, incurred by the Arbor Parties, relating to, arising from, or in connection with a third party claim, demand, action, or proceeding arising out of (a) an allegation that your unauthorized use of the Services infringes, misappropriates, or otherwise violates any third party’s rights or is otherwise unlawful; (b) your breach of this Agreement, including, any representation, warranty, covenant, or obligation therein; (c) your negligence, fraud, or willful misconduct; (d) your use of the Arbor Property in a manner that is not authorized by these Terms; (e) your use of the Arbor Property in combination with data, software, hardware, equipment or technology not provided by Arbor or authorized by Arbor in writing; or (f) any modifications made by you to the Services or to any other Arbor Property that have not been authorized by Arbor in writing.
Arbor may, at any time and from time to time, without notice, suspend or terminate your access or right to use to the Services if Arbor determines, in its sole discretion, that:
A suspension may be for such period of time as Arbor considers necessary to permit the thorough investigation of the conduct at issue.
You agree that, upon the suspension or termination of your access or right to use the Services, you will immediately cease and desist from all use of the Services unless and until access is restored by Arbor.
The Services may provide links to third-party websites for your convenience only. Arbor is not responsible for those websites and the inclusion of these links does not imply that Arbor either monitors or endorses them. Please be aware that these third-party websites are governed by separate terms and conditions and privacy policies. We encourage you to be aware when you click these links and leave our Services. Your use of these third-party websites is at your own risk. Arbor is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance upon any information, content, goods, or services available on or through any third-party websites or linked resources.
If you believe that material or content that resides or is accessible on or through the Services infringes a copyright, please send a notice of claimed infringement to Arbor by email at email@example.com.
The notice should contain the following information:
The notice may not contain any of the following:
If the notice is not compliant with these requirements, Arbor will have no legal or other obligation to take any action in relation to the claimed infringement.
If a proper bona fide infringement notice is received in accordance with these Terms, it is Arbor’s policy to remove or disable access to the infringing material; notify the user that posted, submitted or uploaded the subject content that Arbor has removed or disabled access to the material; and where Arbor deems appropriate, discipline repeat offenders, in accordance with applicable laws, by suspending or terminating the offender’s access to or use of the Services or the Content, in whole or in part.
You acknowledge and agree that we may make changes to these Terms from time to time, for any reason, in our sole and absolute discretion. The most recent version of these Terms will be posted at https://www.arbor.eco/terms. If the changes that we make include material changes that affect your rights and obligations, we will take reasonable steps to notify you of the changes in advance. Your continued use of the Arbor Property after we post and/or notify you of any changes to the Terms means that you accept and agree to be bound by the Terms as amended.
You may not assign, transfer, sublicense, or convey these Terms, including any rights granted by Arbor and obligations assumed by you, except with Arbor’s prior written consent. We may assign, transfer, sublicense, or convey these Terms, and our rights and obligations under them, to any third party without notice to you.
No waiver of satisfaction of a condition or non-performance of an obligation under these Terms is effective unless it is in writing and signed by the party granting the waiver or that party’s authorized representative. Unless expressly granted in writing and signed by the party granting the waiver or that party’s authorized representative, no waiver will extend to any subsequent non-satisfaction of a condition or non-performance of an obligation under these Terms, whether or not of the same or similar nature to that which was waived. No waiver will affect the exercise of any other rights or remedies under these Terms. Any failure or delay in exercising any right or remedy will not constitute, or be deemed to constitute, a waiver of that right or remedy. No single or partial exercise of any right or remedy will affect further exercise of any right or remedy.
The headings used in these Terms and its division into articles, sections, schedules, exhibits, appendices, and other subdivisions do not affect its interpretation.
These Terms and all related documents, and all matters arising out of or relating to these Terms, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Alberta or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Alberta.
The provincial and federal courts located in Calgary, Alberta, Canada will have exclusive jurisdiction over any dispute relating to these Terms, and each party consents to the exclusive jurisdiction of those courts.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
These Terms, together with any additional terms and conditions presented to you at the time of your use of the Services or Content, and to any separate written agreement between you and Arbor, constitute the entire agreement; there are no representations, covenants, or other terms other than those set out thereunder, and supersedes any previous discussions, understandings, or agreements, between the parties relating to its subject matter.
If you have any questions, concerns or suggestions regarding the Services, Content, or these Terms, please contact us at: firstname.lastname@example.org.