These Terms of Service (the "terms") create a legal agreement between you (a "user") and Pacific Northwest Innovative Technologies LLC ("we", "our", "us"). These terms govern your use of the services, software, and websites (together, the "services") provided by us, superseding any prior agreements between you and Pacific Northwest Innovative Technologies LLC. By accessing or using our services, you acknowledge and agree that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms, then you have no right to access or use the services. You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our full discretion.
We reserve the right to update and change the terms at any time without notice. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified terms, you must immediately stop using the services. Updated terms will take effect upon their posting and will apply going forward. Any new features that augment or enhance the service, including the release of new tools and resources, shall be subject to the terms. Your continued use of the services after any such update constitutes your binding acceptance of any changes.
Violation of any of the terms below may result in the immediate termination of your account. Your actions may also subject you to legal consequences.
1. General Terms
To use our services you must meet the following criteria:
- You must be at least 16 years of age
- Provide your full legal name, a valid email address and any other information requested to complete the signup process.
- Provide current and accurate information
You are responsible for all content you provide and your activities on our services. User accounts may only be used by one person - a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password. You are responsible for notifying us at email@example.com if you become aware of any unauthorized use or access of your account. We cannot and will not be liable for any losses, damages, liability, or attorneys’ fees from your failure to comply with security obligations or the result of someone else using your password or account.
You may not use our services for any illegal or unauthorized purpose. You will not use our services to upload, send, or otherwise distribute any objectionable content, as solely determined by us.
2. Billing Terms
A valid credit card is required to sign up for a paid subscription. When you sign up for our paid services, you agree to a monthly or annual subscription contract with us. You agree that our PCI-compliant third-party payment processor is authorized to charge your credit card on a monthly or yearly recurring basis for your subscription (in addition to any applicable taxes or other charges) for as long as your subscription continues. Your subscription is continuous until you cancel it or we suspend or stop providing access to the services. We have full discretion to cancel, suspend, or immediately stop your subscription and access to our services at any time for any reason.
You may cancel your subscription by sending an email to firstname.lastname@example.org. Such cancellation notice must be sent by the user who created the account, also known as the account owner. Inactivity does not cause automatic cancellation and you will be continuously charged for our services unless you cancel your subscription in accordance to these terms. Cancellation requests will take effect at the end of the billing cycle in which the cancellation request was made.
Our services are billed in advance on a monthly or yearly basis and are non-refundable. We may offer an account credit for time unused on user accounts disabled during your billing cycle.
We may offer free trial periods of our services to new users. We may change the duration of free trials at any time. We may close free trial accounts at our sole discretion. We may change the usage limits or feature restrictions for free trial accounts at any time.
3. Our Proprietary Rights
You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of our services or our content without our written permission.
4. User Content
We claim no intellectual property rights over the material you provide when using our services. Content uploaded or added remain yours. If you decide to stop using our services it will be up to you to extract any data you want to keep before it is destroyed. We may or may not have the ability to export portions of your data. When your account is closed, all of your data will be completely and irrevocably destroyed within 30 days from the date of the account closure. We reserve the right to close your account at any time and make no guarantees about retrieving your data.
As long as you comply with our terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable privilege to use our services. Use of our services is at your sole risk. The services are provided on an "as is" and "as available" basis. You understand that we use third-party service providers and vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the service.
7. Warranties, Disclaimers, and Limitation of Liability
Your use of our services is at your own risk. Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our services are accurate, complete, reliable, current, safe, uninterrupted or free of errors. While we attempt to make your access to and use of our services safe, we cannot and do not represent or warrant that our services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the services. We do not control, endorse, or take responsibility for any marketing content, third-party content, or third-party services made available or linked to by our services.
In no event shall we be liable to you or any other person or entity for any indirect, special, incidental, consequential, or punitive damages arising out of or in connection with our services, any information or recommendations appearing on our services, or any link provided on our services, whether or not we have been advised of the possibility of such damages and whether based upon warrant, contract, tort, strict liability, violation of statute, or otherwise. This exclusion of liability shall apply to the fullest extent permitted by the law. In any event, our aggregate liability will not exceed the amount paid for our services.
You agree to indemnify, defend, and hold us harmless from and against all demands, loss, liability, claims or expenses (including attorney’s fees) made against us by any third-party due to or arising out of or in connection with your use of our services.
9. Governing Law
These terms shall be construed in accordance with and governed by the laws British Columbia, Canada notwithstanding its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the province and federal courts in Vancouver, British Columbia, and waive any objection to such jurisdiction or venue.
10. Force Majeure
Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.
11. No Waiver
Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
Please send any questions to email@example.com.