These Terms and Conditions (“Terms”) govern your relationship (as an individual or as an entity) with the www.pronotif.com (https://pronotif.com/) or any software-activated service (collectively, the “Service”), operated or offered by Lexop Solutions inc.
Your access and use of the Service is based on your acceptance and compliance with these Terms and Conditions. These Terms apply to all visitors, users and any other individual who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, in whole or in part, please do not use the Service.
1. Service and Software
You may install, use, access, display, perform, or otherwise interact with a single copy of our software on a computer, workstation, terminal, handheld, smartphone or other digital electronic device “).
A license for the Service may not be shared or used simultaneously on different computers, unless the service or pricing plan does not require individual computer licenses. Without limiting the foregoing, the User’s use, access, display, execution or interaction with the Service may be made at any time on a different Computer. In the event that we provide a replacement, modification or upgrade version of the Service, your continued use of the Service is based on your acceptance of this replacement or modification version of the Service, or your acceptance of the Level of the Service as well as all the Conditions which replace it and the accompaniment.
The amount of bandwidth allocated per user is limited to 10 megabytes per message unless the Service is tailored for specific needs. Messages exceeding these limits can not be processed due to bandwidth constraints, inbound or outbound limitations. You agree that we are not responsible for the deletion or failure of processing of your messages and that it is further your responsibility to ensure that you retain the Content you wish to transmit and to view your Report Confirmation of the processing of the message (see below, clauses 3. Absence of guarantees and 4. Content). We will have no obligation to maintain the contents of your account or to transmit your messages to you or to a third party.
You will have to pay and authorize Pronotif to charge you using your chosen method of payment for all applicable fees. Fees are non-refundable unless required by law. You must provide complete and accurate contact and billing information.
Pronotif may suspend or terminate the Service if the fees are past due.
Pronotif may at any time inform you of a change in the fees, terms and conditions of the Service. These fees will be accepted by you as indicated by your continued use of the Service five (5) business days after the notice is sent to you. Monthly and annual service plans are renewed automatically, unless and until the Service is canceled in writing. If your account is automatically renewed or is in a trial period, Pronotif may charge automatically at the end of the period or renewal, unless you inform Pronotif previously that you want to cancel or deactivate the automatic renewal.
3. Lack of guarantees
You will be notified if the Service is unavailable. Your sole and exclusive remedy for any breach of Service is that Pronotif re-performs the applicable Service. We have no further responsibility for any interruption or defect in the transmission of emails or files.
With regard to electronic notification, the Service shall provide a Confirmation Report to the sender. If a notified message or content is not transmitted or not delivered (or not received), the Confirmation Report will inform the sender of such a delivery status. Pronotif has no additional responsibility to re-transmit or re-deliver the message or content. It is the sole responsibility of the sender to deliver the message or content. You will be charged for messages and content that are notified, but not delivered or transmitted.
Our service allows you to publish, link, store, share and otherwise make available to others certain information, texts, graphics, videos, or other content (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability and relevance.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and you grant us the rights and license as provided in these Terms and Conditions; and ) Posting of your Content on or through the Service does not infringe the privacy, publicity, copyright, contractual rights or other rights of others.
We reserve the right to block or delete communications or any Content that we deem to be: (a) offensive, defamatory or obscene; (B) fraudulent, misleading or deceptive; (C) in violation of copyright, trademark or other intellectual property rights; (D) unacceptable to us, all at our discretion.
You acknowledge that, by offering you the opportunity to view and publish Content generated by users of the Service, we are merely acting as a distributor of such publication, which in no event shall be our responsibility in relation to the Content and Activities published or published on and through our Service.
When you create an account with us, you must provide us with accurate, complete and up-to-date information at all times. Failure to do so constitutes a violation of the Terms and Conditions, which may result in the immediate termination of your account.
You agree that we may use your name, logo and trademarks for public relations activities, including but not limited to our customer list and our website.
You are responsible for the password you use to access the Service and all activities or actions requiring your password, whether for our Service or any other service provided by third parties.
You agree that (i) you will not disclose your password to others and (ii) take all reasonable steps to protect the confidentiality of your password. You must notify us as soon as you become aware of any security breaches or unauthorized use of your account.
You may not use the name of another person or entity or any other name that is not legally available for use as a user name. You may not use any name or trademark that is subject to any other person or entity’s rights without proper authorization or a name that is abusive, vulgar or obscene.
6. Other obligations
When it is required to enter the e-mail address of a recipient you are responsible for obtaining permission or confirmation from the recipient that the e-mail address may be used for the purposes for which it is intended, namely the notification, sending, transmission, delivery or receipt of Reviews. You are also responsible for entering or retranscribing the exact, complete and up-to-date email address of the recipient.
You understand and agree that (1) the rules of procedure (civil or otherwise) (the “Rules”) underlying the Service may change from time to time, and (2) your use of the Service and all information available via Service are not intended and should not be considered as a substitution for your duty of compliance as a professional (or citizen) or the use of your judgment as to the interpretation of the Rules. In addition, your duty may include an obligation to do the following:
You acknowledge and agree that we provide the Service FOR YOUR SUITABILITY AND IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES, DAMAGES OR DAMAGES OF ANY KIND WHATSOEVER -RESPECT OF YOUR PROFESSIONAL OBLIGATIONS or Failure to properly verify and interpret the Rules, including obtaining appropriate legal opinions to interpret the Rules.
7. Intellectual property
The Service and any associated content, including but not limited to text, images, graphics or code are the property of Pronotif and are protected by copyright and other intellectual property rights Applicable. You may publish and copy, download, or print portions of such content from the different areas of the Service solely for your own non-commercial use. Any other use is strictly prohibited and may constitute a violation of copyright, trademark and other laws. These Terms do not grant you any license to use a trademark of Pronotif. Or its subsidiaries. You also agree not to use, modify or remove any proprietary notices and / or intellectual or other proprietary notices found on the downloaded Content from or from the Service.
You are free to stop using the Service at any time, unless your rate plan is an annual contract. We also reserve the right to terminate or suspend your access to our Service at our discretion, but subject to reasonable notice, including, without limitation, failure to comply with the Terms. In case of termination, we will help you to extract all your data.
All provisions of the Terms will survive termination, including, but not limited to, ownership provisions, warranty exclusions, indemnity and limitations of liability. In the event of termination, your right to use the Service will cease immediately. If you want to terminate your account, you can simply stop using the Service.
You agree to indemnify, defend and not hold responsible Pronotif/Lexop, its directors, officers, officers, representatives, employees, agents, licensors, suppliers and agents from and against all claims, losses, damages, Actions or demands in connection with your breach of the Terms or your misconduct and negligence in connection with: (a) legal and accounting costs resulting from your non-compliant use of the Service; (B) your breach of any of the Terms; (C) anything you post on or download to / via the Service; And (d) any activity related to your account. This includes any negligent or illegal conduct on your part by any person or entity accessing the Service using your account and / or password even if such access is obtained by fraudulent or illegal means.
10. Limitation of Liability
To the fullest extent permitted by law, Pronotif and Lexop Solutions Inc., its directors, employees, partners, agents, subsidiaries, suppliers, affiliates and agents are and shall not be liable for any direct or indirect loss, Incidental, special, or punitive damages arising from (i) your access to or use of the Service; (Ii) your inability to access or use the Service; (Iii) any behavior or content of any third party; (Iv) any content obtained from or through the Service; And (v) unauthorized access, use or modification of the Content you post. This limitation of liability applies to any loss or damage, whether based on a contractual obligation, tort (including negligence) or any other legal claim, even if we have been advised of the possibility of Such damage.
11. Legal notices and non-waivers
We strive to provide excellent service, but there are some things we can not guarantee. Therefore, to the extent permitted by law, Pronotif / Lexop Solutions inc. Makes no representations or warranties with respect to the Service and the associated technology. All warranties allegedly applicable, terms and conditions are excluded, to the extent permitted by law. Your use of the Service is at your own risk. The Service is provided “as is”. The Service is provided and provided without warranty of any kind, express or implied, including, without limitation, general or specific warranties, warranties of a particular use, except as provided by the laws of Canada. In such cases, provincial law applies where necessary.
Pronotif / Lexop Solutions Inc., its directors, employees, partners, agents, subsidiaries, suppliers, affiliates and agents do not warrant that (a) the Service will operate uninterrupted, secure or available at any time or place; B) errors or defects will be corrected; C) the Service is free from viruses or other harmful components; Or d) the results of the use of the Service will meet your requirements.
If you do not comply with these Terms and Conditions and Pronotif / Lexop Solutions inc. Chooses not to act immediately, we will still be entitled to all of our rights and remedies at a later date, or in any other situation where you do not comply with these Terms. Pronotif / Lexop Solutions inc. Does not waive any of its rights. In addition, we will not be liable for any alleged breach of these Terms caused by circumstances beyond our control. Any person who is not a party to these Terms shall have no right to claim.
You may not assign or otherwise transfer your rights under these Terms.
In the event that Pronotif / Lexop’s personnel are summoned to appear or otherwise called to testify in a dispute between you and third parties, all in connection with the Service, you agree to pay Lexop for its services at a rate of $ 350.00 Per hour and per person, plus travel and other reasonable expenses.
13. Legal notice
Pronotif / Lexop does not provide legal advice or opinions. The use of the content or information contained on www.pronotif.com or in any white papers or promotional and marketing materials should be done with caution and without any liability to Pronotif / Lexop. You should obtain independent legal advice if you have legal questions and do not rely on the information provided by Pronotif / Lexop.
As stated above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you . Provincial laws of Canada may apply to certain products and services provided through our Service.
15. Applicable law
These Terms shall be governed, interpreted and enforced in accordance with the laws of the Province of Quebec and the laws of Canada, as the case may be. The courts of the Province of Quebec (District of Montreal?) Have exclusive jurisdiction over all actions, claims, and proceedings arising out of or related to these Terms or the use of the Service.
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, all other provisions of these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Lexop Solutions inc. Concerning the Service, and supersede all previous agreements, oral or otherwise, concerning the Service.
We reserve the right, in our sole discretion, to modify or replace these Terms and Conditions at any time.
By continuing to access or use our Service after these changes take effect, you automatically agree to be bound by the new Terms. If you do not accept the new Terms, in whole or in part, please do not use or access the Service.
1. Collection, use and disclosure of information
Personal information may include your name, photo, business address, e-mail address, credit card number, telephone number, education and employment information
We are committed to providing our customers and our members (“you” or “your”) with outstanding service. This service may involve the collection, use and sometimes disclosure of your Personal Information. Protecting your Personal Information is one of our top priorities. Thus, we undertake to comply with all laws relating to the collection, use and disclosure of personal information. We will inform you as to why and how we collect, use and disclose your Personal Information; We will obtain your consent, if applicable; And we will treat your Personal Information in accordance with applicable laws. Our confidentiality commitment also consists of ensuring the accuracy, confidentiality and security of your Personal Information and allowing you to request access to and correction of your Personal Information. This page informs you of our policy regarding the collection, use and disclosure of your Personal Information when you use our Service.
We will not share your Personal Information except as described below.
We only collect Personal Information that is necessary to achieve the following objectives:
- For identity checks;
- To identify your preferences;
- To open and manage an account;
- To ensure that you receive a high level of service;
- To meet regulatory requirements;
- Other legal reasons for the goods and services requested.
- In some cases, we may collect, use or disclose your Personal Information without your consent (see below). You may give your consent verbally, in writing, electronically or by an authorized representative.
You provide us with your implied consent in situations where the collection, use or disclosure of your Personal Information would be considered obvious or reasonable in the circumstances. Your consent is also implied in situations where you receive a notice and a reasonable opportunity to refuse your Personal Information to be used for marketing, promotional, or fundraising purposes and that you do not promptly decline.
We may collect, use or disclose Personal Information without your consent in the following cases:
- Where permitted or required by law;
- In the event of an emergency that threatens an individual’s life, personal health or safety;
- Where Personal Information is available from a public source;
- When we need the advice of a lawyer;
- In order to recover a debt or for the purpose of protection against fraud;
- Other legally established reasons.
We will not sell your Personal Information to third parties unless your consent is provided or implied. We retain your Personal Information the time necessary to achieve the above objectives or for legal or business purposes. We will use reasonable efforts to ensure that your Personal Information is accurate and complete. You may request a correction of your Personal Information in order to establish its accuracy and completeness. A request must be made in writing and you must provide sufficient detail so that we can identify your Personal Information and the correction sought.
We are committed to ensuring the security of your Personal Information and therefore we may use passwords, encryption, firewalls, restricted employee access or other methods at our discretion. We will use appropriate security measures when destroying your Personal Information such as shredding documents or removing electronically stored information at our discretion.
2. Data log
We may collect information that your browser sends each time you visit or use our Service (“Data Log”). This Data Log may include information such as the IP address of your computer, browser type, browser version, pages of our Service you visit, time and date of your visit, time spent On these pages and other statistics.
In addition, we may use third-party service providers (see “Service Providers” for more details) such as Google Analytics to monitor and analyze the Data Log to increase functionality Of our Service. These third-party service providers have their own privacy policies explaining how they use this information.
When you access the Service through or through a mobile device, we may automatically collect certain information, including but not limited to the type of mobile device you use, the unique identification number of your mobile device, The IP address of your mobile device, your mobile operating system, the type of mobile browser you are using, and other statistics.
“Cookies” are files with a small amount of data, which may include a unique anonymous identifier. Cookies are sent to your browser via a website and stored on your computer’s hard drive.
4. Service providers
We may use third party service providers to facilitate and assist our Service, to provide the Service on our behalf, to provide services related to the Service or to assist us in analyzing how our Service is used.
We may use your Personal Information to provide you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may choose not to receive any or all of these communications by following the unsubscribe link or the instructions provided in the communication.
6. Compliance with laws
As noted above, and for greater clarity, we will disclose your Personal Information if necessary for the purposes of the law or if we believe such action is necessary to comply with the law and reasonable requests for information. Government authority or to protect the security and integrity of our Service.
7. Commercial Transaction
The security of your Personal Information is important to us, but remember that no method of transmission via the Internet, or electronic storage method is 100% secure. Although we undertake to use commercially acceptable means to protect your Personal Information, we can not guarantee absolute security.
9. International transfer
Your Personal Information may be transferred – and maintained on – computers located outside your province, country or other jurisdiction where data protection laws may differ from those of your jurisdiction.
10. Links to other sites
We have no control over, and assume no responsibility for the content, policies or privacy practices of any third party sites or services.
Last Updated: January 23, 2017