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.
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
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
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.
58 Munro Blvd., Suite 201
Toronto, Ontario, Canada
By Telephone: 416-223-3261
By Email: email@example.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.
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