Terms of Use Agreement

Welcome to Active Allowance! In order to complete registration for your family’s activeallowance.com accounts, you must read and agree to these terms of use, including any future amendments.

Effective Date: This Terms of Use Agreement was last updated on May 1, 2006

This Terms of Use Agreement sets forth the standards of use of the Active Allowance Inc. (“Active Allowance”) Online Service (“Service”) for Registered Members. By using the activeallowance.com Web Site, you and the family members included in your activeallowance.com account (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Web Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the activeallowance.com Web Site. Although we may attempt to notify you via the activeallowance.com message center when major changes are made, you should visit this page periodically to review the terms. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service
Active Allowance is providing Member with a collection of tools and information to, among other things, help Member create and manage an allowance and responsibilities system for Member’s family. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.

2. Disclaimer of Warranties.
The site is provided by Active Allowance on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Active Allowance makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Active Allowance shall have no liability for any interruptions in the use of this Web Site. Active Allowance disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability
ACTIVE ALLOWANCE SHALL NOT be liable for any damages whatsoever, and in particular ACTIVE ALLOWANCE shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if ACTIVE ALLOWANCE has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification
Member agrees to indemnify and hold Active Allowance, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Member’s Account
Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Active Allowance of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Active Allowance.

Active Allowance reserves the right to discontinue the Service to the Member at any time for any reason with or without notice to the Member. Active Allowance shall not be liable to Member or any third party should Active Allowance exercise its right to discontinue the Service with the sole exception that any membership fees paid by Member to Active Allowance will be reimbursed to Member on a pro rata basis for any remaining unused period.

6. Modifications and Interruption to Service
Active Allowance reserves the right to modify or discontinue the Service at any time for any reason with or without notice to the Member. Active Allowance shall not be liable to Member or any third party should Active Allowance exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Active Allowance does not guarantee continuous, uninterrupted or secure access to our Web Site and operation of our Web Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites
Our Web Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Active Allowance makes every effort to ensure that the information on this Web Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Web Site.

Active Allowance makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Jurisdiction of the Courts
These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the Province of Ontario, Canada, and you consent to the jurisdiction of such courts.

10. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, provincial, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation.

11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005-2006 Active Allowance Inc. with all rights reserved, or is the property of Active Allowance and/or third parties protected by intellectual property rights. Any use of materials on the Web Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Active Allowance is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Active Allowance.

All trademarks displayed on Active Allowance’s Web Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Active Allowance.

12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the US Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Active Allowance designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
Harvey Beck
58 Munro Blvd., Suite 201
Toronto, Ontario, Canada
M2P 1C2
By Telephone: 416-223-3261
By Email: info@activeallowance.com

13. Materials you post or provide
For materials you post or otherwise provide to Active Allowance related to the activeallowance.com Web Site (a "Submission"), you grant Active Allowance permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the activeallowance.com Web Site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Active Allowance will not pay you for your Submission. Active Allowance may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.

14. Privacy
Protecting your privacy and the personal information you provide us is a top priority at Active Allowance. For this reason, we do not sell or rent your personally identifiable information to third parties for their marketing purposes. Please read the Active Allowance Privacy Policy, which is hereby incorporated by reference, to learn more about the policies and procedures we have put in place to achieve this goal.

15. Fees
Active Allowance, in its sole discretion, may add, delete or change any of the fees charged by Active Allowance. Standard fees and any changes will be posted to our Price List, and the applicable fees will be binding on the effective date noted on the Price List. No advance notice is required for any change in fees charged.

16. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Active Allowance Inc, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.