Introduction
Welcome to the GetInSync Software as a Service Site (the “Site”) operated by Allstar Technologies Canada Limited (“Allstar Tech,” “we,” “our,” or “us”). Please read the following terms and conditions of service (“Terms”) carefully, as they contain the legal terms and conditions you agree to when you access or use the Site and the GetInSync services provided by Allstar Tech through the Site.
Acceptance of Agreement
“Agreement” means these Terms and any terms provided or made available to you during the ordering or registration process (“Order Process”) into which these Terms are incorporated, including without limitation all pricing and payment terms. This Agreement is a legal agreement between Allstar Tech and you (“you”) if you are acting on your behalf or the business entity or person for whom you are acting that will be using the GetInSync Services (defined below) for any reason (“Customer”) as the user of the GetInSync Services to be provided by Allstar Tech under this Agreement. You and any persons you authorize to use Customer’s account may be referred to in these Terms as the “User.”
Suppose you are acting on behalf of the Customer. In that case, you agree that you are an employee or agent of Customer and are entering into this Agreement to use the GetInSync Services by Customer for Customer’s business purposes. You hereby agree to enter into this Agreement on behalf of Customer and have the authority to bind Customer to this Agreement.
Allstar Tech will provide the GetInSync Services to the Customer only if you accept all the terms of this Agreement. By signing up for a GetInSync account, you validate the Agreement and agree to our terms of service and privacy policy. By accessing or otherwise using the GetInSync Services, you acknowledge that you have read this Agreement, understand this Agreement and that Customer agrees to be bound by all the terms of this Agreement. You also acknowledge that registering for and creating an account on the Site or submitting the credit card payment form serves a Customer’s agreement to this Agreement.
Suppose you do not agree to the terms and conditions of this Agreement. In that case, Allstar Tech is unwilling to provide or make the GetInSync Services available to Customer, and therefore, cancel and do not complete the registration process or otherwise use the GetInSync Services. If you do not accept this Agreement, the Customer should cease using the GetInSync Services immediately.
If these Terms conflict with information included in other materials (e.g., promotional materials and mailers), they will always govern and take precedence. Similarly, if these Terms conflict with the Order Process, the Order Process will always govern and take precedence.
1. GetInSync Services.
During the Term, and following these Terms, Allstar Tech will use reasonable commercial efforts to provide Customer access to and use of the Software and other related support services described in this Agreement (such access, use and support services are referred to, collectively, as the “GetInSync Services”) by any specifications outlined in the Order Process. “Software” means Allstar Tech’s online application portfolio management tool, hosted by Allstar Tech, used to facilitate Customers’ use, creation, and integration of business programs, projects, applications and IT services. The GetInSync Services may not be used to exchange social security numbers, banking, credit card, or any other financial information, federal identification information, or any sensitive information that Allstar Tech deems in its sole business judgment inappropriate or risky for other users or Allstar Tech’s business. Allstar Tech is not obligated to provide extended customer service or consulting services as part of this Agreement.
2. Access Rights.
Subject to the terms and conditions of this Agreement, Allstar Tech grants to Customer, during the Term, a non-exclusive, non-transferable right to access and use the Software and GetInSync Services as outlined in Order Process, solely to assist Customer in the processing and analysis of Customer’s data. Allstar Tech reserves all rights in and to the GetInSync Services not granted herein.
3. Restrictions
a. Customer agrees that it will not and will not allow its directors, officers, employees, or agents to (a) copy, reproduce, modify, sell, lease, sublicense, market, or commercially exploit in any way the GetInSync Services or Software or any component thereof other than as expressly agreed to in this Agreement; or (b) disclose or grant access the GetInSync Services or any component thereof to any third party other than one to whom Allstar Tech has consented in writing.
b. Customer agrees: (a) to use the GetInSync Services in an ethical manner and in conformity with community standards; (b) to respect the privacy of other users (Customer shall not seek data or passwords belonging to other users, nor will Customer or its Users modify files or represent themselves as another user unless explicitly authorized to do so by that user); (c) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and (d) to accept notifications of service changes, commercial email and similar offers presented through the Software system or via email.
c. Allstar Tech strictly prohibits any involvement in unsolicited commercial email campaigns, commonly known as SPAM. Customer agrees and warrants that (a) it will not engage in any spamming activity in its use of GetInSync Services and (b) its use of the GetInSync Services will not violate any U. S or foreign spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited e-mail.
4. Fees.
In consideration for providing the GetInSync Services, Customer shall pay to Allstar Tech the fees set out in Order Process (“Fees”), without any set-off or deductions of any kind, as such Order Process may be amended from time to time by the terms hereof. Allstar Tech shall have the right to increase the Fees at any time. The customer’s continued use of the Services shall be deemed acceptance of any new Fees. Payment for the Fees shall be due and payable as specified in the Order Process. Due to the nature of the technologies and Internet stability, service interruptions may occur. No full, partial, or prorate refunds will be made as an adjustment for any such service interruption. The customer hereby acknowledges that changes like the GetInSync Services that may be offered under these Terms beyond the control of Allstar Tech do not constitute grounds for any full or partial refund of any advance fees paid.
5. Taxes.
Prices set out herein exclude all taxes. Customer shall pay any taxes, tariffs, duties and other charges or assessments imposed or levied by any government or governmental agency in connection with this Agreement, including, without limitation, any federal, provincial, or state and local sales, use, goods and services, value-added and personal property taxes on any payments due Allstar Tech in connection with the GetInSync Services provided hereunder, except for tax based solely on the net income of Allstar Tech.
6. Content.
The parties agree that all disclosure and use of Content (defined below) will comply with all applicable laws, statutes, rules or regulations, terms and conditions, and privacy policies relating to such Content. “Content” means any content or data (including but not limited to pictures, logos, knowledge base information, article information, article content, code embeds, CSS, Javascript, and all other content not listed here) that Customer provides to the GetInSync Software, GetInSync Materials, and/or GetInSync directly. The customer is responsible for all actions concerning personally identifiable information of persons. As between Allstar Tech and Customer, title to and ownership of all intellectual property rights of the Content shall remain exclusively with Customer.
7. Allstar Tech Ownership.
Customer acknowledges and agrees that Allstar Tech shall retain and own all rights, title and interest and all intellectual property rights (including copyrights, trade secrets, trademarks and patent rights) in and to the Software, GetInSync Services and all materials used by Allstar Tech to provide the GetInSync Services (collectively, the “GetInSync Materials”) and all copies thereof and customizations and modifications thereto, and that nothing herein transfers or conveys to Customer any ownership right, title or interest in or to the GetInSync Materials or to any copy thereof or any license right concerning same not expressly granted herein. Customer agrees that it will not, either during or after the termination of this Agreement, contest or challenge the ownership of the intellectual property rights in the GetInSync Materials by Allstar Tech.
8. Access to GetInSync Services.
The customer is responsible for obtaining all hardware, software, and services necessary to access the GetInSync Services, including, without limitation, all computers, web browsers, and services provided by an Internet service provider.
9. Customer Personnel.
The customer is responsible for establishing the designated point of contact throughout the Term to communicate with Allstar Tech.
10. Right to Modify the GetInSync Service.
Allstar Tech may, from time to time, in its sole discretion, change some or all of the functionality or any component of the Software and GetInSync Service or make any modification for any purpose, including but not limited to improving the performance service quality, error correction, or competitiveness of the GetInSync Services.
11. Confidential Information.
a. Each party (“Recipient”) acknowledges that confidential information (including trade secrets and confidential technical, financial, and business information of the other party (“Discloser”) may be exchanged between the parties under this Agreement (collectively, “Confidential Information”). The recipient shall use no less than the same means it uses to protect its similar confidential and proprietary information, but in any event, not less than reasonable means to prevent disclosure and protect the confidentiality of the Confidential Information of the Discloser. Recipient agrees that it will not disclose or use Discloser’s Confidential Information except for this Agreement and as authorized herein. Recipient will promptly report to Discloser any unauthorized use or disclosure of Discloser’s Confidential Information that Recipient becomes aware of and provide reasonable assistance to Discloser (or its licensors) in the investigation and prosecution of any such unauthorized use or disclosure.
b. Notwithstanding Section 11(a), Recipient may use or disclose the Confidential Information to the extent that such Confidential Information is: (a) already known by Recipient without an obligation of confidentiality, (b) publicly known or becomes publicly known through no unauthorized act of Recipient, (c) rightfully received from a third party without any obligation of confidentiality, (d) independently developed by Recipient without the use of the Confidential Information of the Discloser, (e) approved by Discloser for disclosure, or (f) required to be disclosed under a requirement of a governmental agency or law so long as Recipient provides Discloser with notice of such requirement before any such disclosure and takes steps reasonably necessary to maintain the information in confidence.
c. Recipient shall and shall cause all of its employees, contractors, and consultants who have access to Confidential Information of Discloser to safeguard and maintain the Confidential Information of Discloser in strict confidence and shall not, and shall cause its employees, contractors, and consultants not to, disclose, provide, or make such Confidential Information or any part thereof available in any form or medium to any third party person except to Recipient’s employees, contractors, and consultants who need to access such Confidential Information to enable Recipient to exercise its rights under this Agreement. Customer agrees not to: (a) disclose to third parties (whether in writing or orally) any benchmark test data related to the GetInSync Services, and (b) use Allstar Tech’s Confidential Information to create any computer software or documentation that is substantially like the Software.
d. Allstar Tech reserves the right to anonymize any data provided by the Customer in connection with using the GetInSync Services. Anonymization involves removing or altering personal identifiers so that the data can no longer be attributed to a specific individual without additional information. The Customer agrees that Allstar Tech may aggregate and anonymize Customer data to create statistical analyses, insights, and reports. These anonymized datasets will be used to enhance the performance of the GetInSync Services for benchmarking and market research purposes. All anonymized data will be handled following industry data security and privacy standards. Allstar Tech will ensure that such data cannot be re-identified and will take all reasonable measures to protect the confidentiality of the anonymized data. By using the GetInSync Services, the Customer consents to collecting, anonymizing, and using their data as described in this section. If the Customer wishes to opt out of data anonymization and statistical use, they may contact Allstar Tech at getinfo@getinsync.ca to discuss the opt-out process.
2. Right to Perform Services For Others.
The customer recognizes that Allstar Tech is in the business of providing computer and information technology services and may perform services for other persons like the Customer. Subject to Allstar Tech’s confidentiality obligations under Section 11, Allstar Tech retains the right, and nothing shall prevent Allstar Tech from using any ideas, concepts, methods, processes, know-how, organization, techniques, or any software, including the GetInSync Materials in providing any services to any third party.
13. Warranty Disclaimer
a. THE CUSTOMER UNDERSTANDS THAT ALLSTAR TECH AND/OR THEIR ASSIGNS DO NOT GUARANTEE OR PREDICT ANY PROFIT OR RESPONSE FROM THE GETINSYNC SERVICES. ALL SERVICES ARE PROVIDED TO THE CUSTOMERS “AS IS,” AND THE CUSTOMER AGREES IT USES THE GETINSYNC SERVICES AT ITS OWN RISK. ALLSTAR TECH EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT ALLSTAR TECH AND THE SUPPLIERS OF ALLSTAR TECH MAKE NO DIRECT WARRANTY OF ANY KIND TO THE CUSTOMER UNDER THIS AGREEMENT.
b. ALLSTAR TECH DOES NOT REPRESENT OR WARRANT THAT: (A) THE GETINSYNC SERVICES WILL MEET CUSTOMER’S BUSINESS REQUIREMENTS; (B) THE GETINSYNC SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE RESULTS OBTAINED FROM THE USE OF THE GETINSYNC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (C) ALL DEFICIENCIES IN THE GETINSYNC SERVICES CAN BE FOUND OR CORRECTED. FURTHER, THE GETINSYNC SERVICES MAY BE INTERRUPTED OR UNAVAILABLE TO PERFORM MAINTENANCE OR UPGRADES.
c. ALLSTAR TECH WILL NOT BE RESPONSIBLE FOR: (A) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF THE CUSTOMER OR ANY USER; (B) INOPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS OR EQUIPMENT; (C) INABILITY OF THE CUSTOMER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET; (D) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET; (E) SERVICES PROVIDED BY OTHER SERVICE PROVIDERS; OR (F) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.
14. Limitation of Liability
a. FOR ANY BREACH OR DEFAULT BY ALLSTAR TECH OF ANY OF THE PROVISIONS OF THIS AGREEMENT, OR CONCERNING ANY CLAIM ARISING FROM OR RELATED TO THE GETINSYNC SERVICES, SOFTWARE OR THIS AGREEMENT, ALLSTAR TECH’S ENTIRE LIABILITY SHALL IN NO EVENT EVER EXCEED ANY OF THE FOLLOWING: (A) THE FEES PAID TO ALLSTAR TECH BY CUSTOMER UNDER THIS AGREEMENT IN THE THREE MONTHS BEFORE THE DATE THE CAUSE OF ACTION FIRST AROSE EVEN IF THE CAUSE OF ACTION IS A CONTINUING ONE, OR (B) IN THE AGGREGATE CONCERNING ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT, THE AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT IN THE PRECEDING TWELVE MONTH PERIOD.
b. IN NO EVENT WILL ALLSTAR TECH EVER BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF COVER, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR ANY CLAIM AGAINST CUSTOMER BY ANY OTHER PERSON, EVEN IF ALLSTAR TECH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
c. ALLSTAR TECH SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR THE GETINSYNC SERVICES, INCLUDING WITHOUT LIMITATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
d. ALLSTAR TECH SHALL ONLY BE LIABLE TO THE CUSTOMER AS EXPRESSLY PROVIDED IN THIS AGREEMENT. STILL, IT SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE TO CUSTOMER OR ANY THIRD PARTY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY CUSTOMER, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.
e. ALLSTAR TECH SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE OR INCONVENIENCE SUFFERED BY THE CUSTOMER OR BY ANY THIRD PERSON TO THE EXTENT THAT SUCH LOSS, DAMAGE OR INCONVENIENCE IS CAUSED BY THE FAILURE OF THE CUSTOMER TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT.
15. Indemnification
Customer irrevocably covenants, promises and agrees to indemnify Allstar Tech, its affiliates and its and their officers, directors, employees, agents and assigns (“Indemnitees”) harmless from and against any losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that the Indemnitees may sustain or to which the Indemnitees may become subject arising out of or relating in any way to Customer’s or your use of the GetInSync Services or Software provided or made available under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
16. Term and Termination.
a. Term
This Agreement will commence on the date you agree to this Agreement and continue on a month-to-month basis unless terminated earlier by this Section (“Term”).
b. Termination
Customer may terminate this Agreement anytime for any reason by providing written notice to Allstar Tech. Allstar Tech reserves the right to suspend or terminate your account and use of the GetInSync Services and the Software at any time, without notice, for any reason, at our sole discretion, including but not limited to the following:
i. if any check drafts authorized under this Agreement are returned unpaid;
ii. phishing attempts or schemes;
iii. if the Customer is involved in the sales and/or distribution of the following materials:
iv. Cable filters;
v. Ponzi or Pyramid Schemes;
vi. sale and/or distribution of any illegal materials or
vii. breach of these Terms, including policies or guidelines set forth by Allstar Tech elsewhere;
viii. Conduct that Allstar Tech believes is harmful to other users of the GetInSync Services or the business of Allstar Tech or other third-party information providers (including slowing down the servers and affecting other users);
c. Effect of Termination
Except to the extent agreed to in writing by the parties upon the termination of this Agreement:
i. Allstar Tech shall be entitled to cease providing the GetInSync Services immediately;
ii. Allstar Tech shall be entitled to terminate Customer’s access to the GetInSync Service immediately;
iii. Customer shall forthwith pay to Allstar Tech all amounts owing under this Agreement on the date of termination;
iv. The rights granted under Section 2 will automatically terminate;
Further, Customer agrees that Allstar Tech shall not be liable to Customer or any third party for any termination of your access to the GetInSync Services. Allstar Tech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the GetInSync Services (or any part thereof) with or without notice. Customer agrees that Allstar Tech shall not be liable to Customer or any third party for any modification, suspension or discontinuance of the GetInSync Services.
d. Return of Confidential Information.
Upon the termination of this Agreement for any reason whatsoever, each party may request of the other that all documents, information, data and/or software, however, recorded, which contain any of the other’s Confidential Information be returned, provided that the party shall be entitled to charge a reasonable fees and materials charge for doing so. Suppose no request is received for the return of Confidential Information within 30 days of the termination of this Agreement. In that case, the Confidential Information shall be destroyed within a reasonable time thereafter and shall not be used for any purpose whatsoever. While Allstar Tech uses reasonable precautions to ensure your database is secure and protected, Customer understands and agrees that Allstar Tech is not obligated to export, extract, retrieve or ‘massage’ your database for Customer except through our EXPORT function.
e. Survival.
The parties hereto agree that the provisions hereof requiring performance or fulfillment after the expiry or earlier termination of this Agreement shall survive such expiry or earlier termination. The provisions of this Agreement relating to ownership, confidential information, warranty disclaimer, indemnification and limits of liability shall survive the expiration or termination of this Agreement.
17. Independent Contractor.
Allstar Tech employees shall not be deemed at any time to be employees or servants of Customer, and Allstar Tech is and shall remain an independent contractor for all purposes. Unless otherwise agreed to in writing, Allstar Tech does not undertake to perform any obligation of Customer, whether regulatory or contractual or to assume any responsibility for Customer’s business or operations.
18. General.
a. Notice.
Any notice under this Agreement will be in writing and delivered by personal delivery, overnight courier, e-mail, or certified or registered mail, return receipt requested, and will be deemed given upon personal delivery, one day after deposit with an overnight courier, five days after deposit in the mail. Notices will be sent to a party at its address outlined in the Order Process or any other address that the party may specify in writing under this Section. The customer agrees to provide us with other information relating to your use of the GetInSync Services as necessary or desirable. The customer shall notify us if the Customer’s address, email address, telephone number, or billing information changes.
b. Force Majeure.
If Allstar Tech’s performance under this Agreement, or any obligation under this Agreement, is prevented, restricted, or interfered with because of fire, flood, earthquake, explosion or other casualty or accident or act of God; strikes or labour disputes; inability to procure or obtain delivery of parts, supplies, power, telecommunication services, equipment or software from suppliers, war or other violence; any law, order proclamation, regulation, ordinance, demand or requirement of any governmental authority; or any other act or condition whatsoever beyond the reasonable control of Allstar Tech, Allstar Tech shall be excused from such performance to the extent of such prevention, restriction or interference.
c. Severability.
To the extent that any provision, portion or extent of this Agreement is deemed invalid, illegal or unenforceable, such provision, portion or extent shall be severed and deleted or limited to give effect to the intent of the parties insofar as possible. The remainder of this Agreement, as the case may be, shall remain binding upon the parties.
d. Assignment.
Customer may not assign or transfer, by operation of law or otherwise, this Agreement or any of its rights under this Agreement to any third party without Allstar Tech’s prior written consent. Allstar Tech may assign this Agreement by operation of law or otherwise to any successor to its business or assets to which this Agreement relates, whether by merger, sale of assets, sale of stock, reorganization or otherwise. Any attempted assignment or transfer in violation of the foregoing will be null and void. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns and shall not confer any rights or remedies upon any person or entity not a party hereto.
e. Trademark Information.
Unless expressly requested in writing, we reserve the right to have fair use of your company or organization’s name and logo in our promotional material.
f. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan, Canada, without reference to its conflict of law rules or principles. Customer hereby submits to the exclusive jurisdiction of the courts of the Province of Saskatchewan for any legal action arising out of this Agreement or the performance of the obligations hereunder or thereunder.
g. Counterparts.
This Agreement may be executed in counterparts, each of which will be considered an original, but all will constitute the same instrument.
h. Headings.
The subject headings of the articles and sections are for convenience only and shall not affect the construction or interpretation of any of its provisions.
i. Compliance with U.S. Regulations.
The customer agrees to comply with all applicable U.S. laws and regulations, including, but not limited to, data protection laws, export control laws, and industry-specific regulations that may apply to the use of the GetInSync Services.
j. Data Protection and Privacy.
Allstar Tech complies with Canadian data protection laws and relevant U.S. data protection regulations, including the General Data Protection Regulation (GDPR), where applicable. By using the GetInSync Services, Customers consent to the transfer, storage, and processing of their data in Canada and any other country where Allstar Tech or its service providers operate.
k. Export Control and Sanctions.
The customer acknowledges that the GetInSync Services may be subject to export control laws and regulations, including those of Canada and the United States. The customer agrees not to export, re-export, or transfer, directly or indirectly, any software or technology provided under this Agreement in violation of such laws and regulations.
l. Limitation of Liability for U.S. Customers.
To the extent permitted by applicable law, Allstar Tech’s liability to U.S. customers for any claims arising out of or related to the GetInSync Services shall be limited as described in Section 14 of this Agreement. Notwithstanding the foregoing, certain U.S. states may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
m. Arbitration Agreement.
Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, performance, or breach, shall be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitration shall be conducted in English in Toronto, Ontario, Canada.
n. Notification Requirements.
All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if sent by certified or registered mail, return receipt requested, overnight courier, or email to the addresses specified by the parties in this Agreement.
o. Entire Agreement; Waiver.
This Agreement sets forth the entire understanding and agreement of the parties. It supersedes any oral or written agreements or understandings between the parties as to the subject matter of the Agreement. We reserve the right to change the terms and conditions of this Agreement as needed, including, but not limited to, the right to change our subscription rates at any time. Use of the GetInSync Services by Customer after any such changes constitutes acceptance of any new terms and conditions.
If you disagree with the new terms and conditions, you may terminate this agreement by our cancellation policy. For changes in subscription rates, we will use reasonable commercial efforts to give thirty (30) days’ notice before changing subscription rates. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. In the event of a conflict between this Agreement and any other terms on the Site, this Agreement shall control. This Agreement sets forth the general terms and conditions applicable to all services GetInSync provides to Customer. No terms or conditions proposed by either party, including any purchase order submitted by Customer, shall be binding on the other party unless accepted in writing by both parties. Each party hereby objects to and rejects all terms and conditions not so accepted. The customer further understands and agrees to waive any purchase order terms and conditions not expressly accepted in writing by signature representatives of both parties. The customer also understands and agrees that references to purchase orders on any services invoices or otherwise shall not constitute Allstar Tech’s acceptance of purchase order terms and conditions. To the extent of any conflict between this Agreement’s provisions and any purchase order’s provisions, the provisions of this Agreement shall govern.
For more information or inquiries regarding our security, compliance, or legal policies, please contact us at security@getinsync.ca. Our dedicated team is committed to addressing your concerns promptly and ensuring the highest protection and compliance standards. We value your trust and strive to provide transparent and reliable information about our practices.
Last updated May 28, 2024
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