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INPOWR self-improvement inc. Terms of Service
These Terms of Service (referred to as the “Agreement”) provide the legally binding terms and conditions which are applicable to the use of the web site (referred to as the “Website”) and mobile application (referred to as the “Application”) made available by inpowr Self-Improvement Inc. (referred to as “INPOWR”, “we” or “us”) by users (referred to as “you” or “Users”). Throughout this Agreement, we will collectively refer to the Website and the Application as the “Service”. Terms and expressions using a first capital letter have the specific meaning ascribed to them in this document (between brackets).
From time to time, we may modify or amend the Agreement. If we make changes to the Agreement, we will provide notice of such changes by posting a notice through the Service and updating the “Updated as of” date above. If you continue to use the Service following such a posting, you are deemed to accept any such change or modification.
1.No Medical or Psychiatric Advice or Therapy
You should not hesitate to discuss and confirm with your physician, psychiatrist, therapist or other healthcare provider the content and member content that is made available by and through the Service before adopting any program whether offered through the Services or otherwise to validate if they are suitable for you. Use of the Service, Service and Content featured therein, is at your own risk. Information and statements provided through the Service have not been evaluated as they are not intended to diagnose, treat, cure or prevent any disease or psychological disorder.
2.1 License. Subject to the terms of this Agreement, INPOWR grants you a non-transferable, non-exclusive, license to (a) use the Service for your personal use, and (b) copy, for the purpose of downloading, installing and executing, the number of copies for which you are authorized by the download site of the Application on a mobile device that you own or control for your personal use.
2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you must not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; (b) you must not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service, except to the extent the preceding restrictions are expressly prohibited by applicable law; (c) you must not access the Service in order to build a similar or competitive service or application; (d) except in connection with the creation and sharing of User Content as allowed by the Service, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you must not remove or destroy any copyright notices or other proprietary markings contained on or in the Service. Any future release, update, or other addition to functionality of the Service (including, in the case of the Application, in-app purchases) will be subject to the terms of this Agreement, unless otherwise provided in specific terms and conditions associated with such addition.
2.3 Compliance with Laws. You are solely responsible for compliance with all applicable laws through you use of the Service, including without limitation laws and legislation concerning privacy, libel, defamation and personal information protection.
2.4 Modification. INPOWR reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that INPOWR will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
2.5 Ownership. The Service provided to you is licensed to you and not sold. INPOWR (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Service, including any Service Content but excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service. The INPOWR name, logo, and the product names associated with the Service belong to INPOWR (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. INPOWR (and its licensors, where applicable) reserves all rights not granted in this Agreement.
3. User Content
3.1 User Content. “User Content” of a User means any and all content that such User generate, uploads, distributes, or otherwise provides via the Service. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). INPOWR is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you so desire.
3.3 Feedback. If you provide INPOWR any feedback or suggestions (“Feedback”), you hereby assign to INPOWR all rights in the Feedback and agree that INPOWR has the right to use such Feedback and related information in any manner it deems appropriate. INPOWR will treat any Feedback you provide to INPOWR as non-confidential and non-proprietary. You agree that you will not submit to INPOWR any information or ideas that you consider to be confidential or proprietary.
3.4 Acceptable Use Policy. The following sets out INPOWR’s “Acceptable Use Policy”:
(a) You agree not to use the Service to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, proprietary or personality right; (b) that is tortious, libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
(b) You agree not to use the Service to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks to which the Service connects (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Service or our servers or networks to which the Service connects (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Application.
3.5 Enforcement. We reserve the right (but have no obligation) to review any User Content in our sole discretion. we may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
4. Term and Termination
4.1 Effective Date. This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the Service, unless earlier terminated in accordance with this Agreement. Notwithstanding the forgoing, if you used the Service prior to the date you accepted this Agreement, you hereby acknowledge and agree that this Agreement commences on the date you first use the Service (whichever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use the Service, unless earlier terminated in accordance with this Agreement.
4.2 Termination by INPOWR. We may (a) suspend your rights to use the Service or any related services or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, INPOWR reserves the right to terminate its Agreement with any User who infringes applicable laws or third party copyright or other intellectual property rights upon prompt notification to INPOWR by the copyright owner or the copyright owner’s legal agent.
4.3 Effect of Termination. Upon termination of this Agreement, your right to use the Service will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. INPOWR will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1, 2.5, 3, 4, 5, 7, 8, and 10.
You agree to defend, indemnify and hold harmless INPOWR (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Service, (ii) your User Content, or (iii) your violation of this Agreement. INPOWR reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify INPOWR and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of INPOWR. INPOWR will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third Parties
6.1 Application Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application, e.g., the Apple App Store or Android stores (“Application Store”). You acknowledge that this Agreement is between you and INPOWR and not with the Application Store. The Application Store is not responsible for the Application or the Service, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with the Application (if any). You agree to comply with, and your license to use Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the Application Store’s terms and policies) when using Application. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
6.3 Other Users. The Service may contain User Content provided by other Users of the Service. INPOWR is not responsible for and does not control User Content. INPOWR has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk. Your interactions with other Users are solely between you and the other User and we are under no obligation to become involved. You agree that INPOWR will not be responsible for any liability incurred as the result of any such interactions.
6.4 Release. You hereby irrevocably and unconditionally release and forever discharge INPOWR (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third-Party Service, other Users, or third party advertisers.
7.1 THE SERVICE IS PROVIDED “AS-IS” AND AS AVAILABLE AND INPOWR (AND ITS SUPPLIERS) EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. INPOWR (AND ITS SUPPLIERS) MAKES NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation on Liability
8.1 IN NO EVENT WILL INPOWR (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR INPOWR’S PRIVACY PRACTICES, THE SERVICE, EVEN IF INPOWR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INPOWR’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR INPOWR’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID INPOWR IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT WILL INPOWR’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
8.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to pay the applicable fee (to us or the applicable distributor), if any, for the Service and for any in-App purchases you make, as the case may be.
10.2 Notice. Any notice provided to INPOWR pursuant to this Agreement should be sent to: email@example.com
10.3 Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
10.5 Governing Law and Resolution of Disputes. The laws of the Province of Québec (Canada), without regard to or application of its conflict of law provisions, will govern this Agreement, and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the district court of Montréal, Canada. You hereby consent to the jurisdiction of and venue in such court and waive any objection as to inconvenient forum.