Amintro Terms of Use Agreement

Last revised on April 10, 2017

 

Welcome to Amintro, the social club exclusively for adults ages 50+ that helps facilitate new and meaningful friendships online and offline, helping to eradicate social isolation and loneliness.  Amintro is operated by Amintro Inc. (the “Company” or “Amintro”).

 

By accessing the Amintro website, and/or mobile application/platform, (collectively, the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of Amintro. Before you use the Website (other than to view this Agreement), or if you wish to become a member and make use of the Amintro service (the “Service”), please read these Terms of Use. The term “Website” is deemed to refer to using of the Service by means of a computer, a mobile device or a mobile application.

 

You should also read the Amintro Privacy Policy, which is incorporated by reference into this Agreement and available on the Website. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Amintro Privacy Policy, do not use the Website or the Service. You may contact us using the contact information provided below with any questions regarding this Agreement.

 

  1. Acceptance of Terms of Use Agreement.

 

  1. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website and to become a member of Amint For purposes of this Agreement, the term “Member” means a person who provides information to the Company on the Website or who participates in or uses the Service in any manner, whether such person uses the Service as a free member or a subscriber. This Agreement includes the Company’s (i) Privacy Policy, and (ii) Safety Guidelines, and any additional terms or conditions disclosed and agreed to by you if you become a subscriber or if you purchase or accept additional features, products or services we may offer on the Website, such as terms governing features, billing, free trials, discounts and/or any promotional offers we may choose to make from time to time in our sole and absolute discretion. Additional terms and conditions may apply depending on your class of membership and the benefits available to different membership classes may  differ. You must review any safety information provided by Amintro on the Website.

 

  1. By accessing the Website or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic fo Please print a copy of this Agreement for your records.

 

  1. By using the Service, you consent to receive this Agreement in electronic form by using the Servi To withdraw this consent, you must cease using the Service and terminate your account.

 

  1. Eligibility.

 

You must be at least 50 years of age to access and use the Service and a legal resident of Canada. Any use of the Website and/or Service is void where prohibited. By accessing and using the Website and/or Service, you represent and warrant that

 

you have the right, authority and capacity to enter into this Agreement and that you will abide by all of the terms and conditions of this Agreement.

 

  1. Membership and Subscription.

 

You may register as a Member at no cost. As a Member, you may use some, but not all, of the features and services available within the Service. To access or use additional features and services you must become a paying subscriber to the Service. Any subscription policies that may be disclosed to you when you subscribe to the Service are a part of this Agreement and are hereby incorporated by reference

(“Subscription Policies”). Absent any special offers which we may choose to make available from time to time in our sole and absolute discretion, you acknowledge and agree that if you are (i) not a subscriber, you will not be able to use all the features and services available within the Service. A Member profile (both subscribers and non-subscribers) may remain posted on the Website even if that Member is not actively using the Service. You acknowledge that although a Member’s profile may be

viewed, you may not (even as a subscriber) be able to use the Service to communicate with that Member if he or she is not then actively using the Service.

 

  1. Term and Termination.

 

  1. This Agreement will remain in full force and effect while you use the Service and/or are a Memb

 

  1. You may change or cancel your membership at any time, for any reason, by following the instructions on the “change/ cancel membership” or similar page on your “Account Settings” pag You may change or cancel your subscription at any time online by following the instructions on the “Subscription” page on your “Account Settings” page. You may also cancel your membership by sending the Company  email notice of cancellation to Customer Care. If you cancel your membership via the Website, we may ask you to provide a reason for your cancellation, and you may choose to do so if you wish. If you cancel your subscription, the Company requires a reasonable amount of time to process the action. If you cancel a subscription, you will enjoy subscription benefits until the end of the then-current month of your Subscription Period, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current month or prior months of your Subscription Period.

 

  1. Cancelling a subscription does not automatically cancel your membership. If you are a subscriber and you cancel your subscription but not your membership, unless you elect to hide your profile or cancel your membership, you will continue to be a Member in the Service and others may view your profil If you hide your profile, other Members will not be able to view your profile until you “unhide” your profile; however, your profile will remain available to you should you choose to “unhide” it. If you cancel your membership, your profile will be removed and deleted, and neither you nor other Members will be able to view your profile. If you hide your profile, (but not if you cancel your membership) you will be able to use your current registration information to “unhide” your profile and reactivate your membership for one year. A Member can hide his or her profile or cancel his or her membership and remove their profile at any time by following the instructions contained on the “Account Settings” page on the Website.

 

  1. The Company may terminate or suspend your subscription and/or membership in the Service at any time without notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of the subscription fees you have paid prior to such termination or suspension and, if applicable, all unpaid subscription amounts and other fees you owe for the portion of your Subscription Period prior to such termination or suspension will immediately be due.

 

  1. After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

 

  1. Non-commercial Use by Members.

 

The Website and Service is for personal, non-commercial, use only. Members may not use the Service in connection with any commercial endeavours, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) otherwise using the Website or Service for any other commercial purposes as may be determined by Amintro, in its sole and absolute discretion, to be inconsistent with the intended use or function of the Website or Service. Users of the Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Website for any purpose. The Company may, in its sole and absolute discretion, investigate and take any available legal and/or other action in response to illegal and/or unauthorized uses of the Website and/or the Service, including, without limitation in cases where a person collects usernames and/or email addresses of members by electronic or other means and framing of or linking to the Website that is not authorized by the Company in writing.

 

Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to use our Website(s) and our Services in accordance with your membership and/or subscription. If you have chosen to become a paid subscriber, the term of your subscription is your “Subscription Period”. Subject to the terms and conditions in this Agreement, Amintro hereby grants you a limited, non-sublicenseable, non-assignable, non-exclusive, non-transferable and fully revocable license to use the Website and/or the Service for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein. You agree that you shall not take or permit any action with respect to the Website and/or the Service, or any component or content thereof that is not expressly authorized  under this limited licence. Your limited license to use our Website, the Service, and its content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first).

 

  1. Account Security.

 

You are solely responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You may not provide your username and password to any other person, or allow any other person to use or access your account. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password, of any

 

unauthorized use of your account, or of any other breach of security, and ensure that you log out from your account at the end of each session. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.

 

  1. Your Interactions with Other Member

 

  1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBER YOU UNDERSTAND THAT THE COMPANY DOES NOTCONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THE RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR THE SERVICE.

 

  1. b. The Company is not responsible for the conduct of any Memb To the extent permitted under the applicable law, as noted in and without limiting Sections 16 and 18 below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Website or meet in person.  You understand that the Company makes no guarantees, either express or implied, regarding your use of the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.

 

  1. Proprietary Right

 

The Company owns and retains and/or uses under licence, all proprietary rights in the Website and the Service, and in all content, trade-marks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trade-marks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trade-marks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trade-mark and other intellectual property notices.

 

  1. Content Posted by You on the Website.

 

  1. You are solely responsible for all content, materials, and information that you post, upload, publish, link to, transmit, record, display or otherwise make available on the Service or transmit to other Members (hereinafter, “post”), including emails, videos

 

(including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “User Content”). You may not post on the Website or as part of the Service, or transmit to the Company or any other Member (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information, including without limitation User Content, that you submit or post is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.

 

  1. You understand and agree that the Company may, but is not obligated to, monitor or review any User Content you post on the Website or as part of a Servi The Company may delete any or all User Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Website, the Services, or the Company. The Company may restrict the number of emails or other messages which a Member may send to other Members in any 24- hour period to a number which we deem appropriate in our sole and absolute discretion.

 

  1. By posting User Content on the Website or as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the User Content, (ii) prepare derivative works of the User Content or incorporate the User Content into other works, (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created, and (iv) you waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Website or Service in favour of Company and anyone authorized by Company to reproduce or otherwise use such User Content. You represent and warrant that any posting and use of your User Content by the Company will not infringe or violate the rights of any third party.

 

  1. You assume all risks associated with your User Content – including, but not limited to, any third party’s reliance on its quality, accuracy, or reliability, or any disclosure of information in your User Content that makes you or others personally identifiabl You hereby agree that Company has no responsibility or liability whatsoever for any such activities. You also agree and understand that your User Content is not  sponsored or endorsed by Company, and you will not imply that your User Content is in any way sponsored or endorsed by Company. Please consider carefully what User Content you choose to post.

 

  1. In addition to the types of User Content described in Section 9(a) above, the following is a partial list of the kind of User Content that is prohibited on the Websit You may not post, upload, display or otherwise make available any User Content that, as may be determined in the sole and absolute discretion of the Company:
    • promotes racism, bigotry, hatred or physical or psychological harm of any kind against any group or individual;
    • amounts to or advocates harassment or intimidation of another person;
    • requests money from, or is intended to defraud, other users of the Website or Service;

 

  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass

mailing or “spamming” (or “phishing”, “trolling” or similar activities);

  • includes or promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libellous or otherwise objectionable;
  • includes or promotes an illegal or unauthorized copy of another person’s copyrighted work, including without limitation, literary works, photos, videos, recordings or audio files, or computer programs, that provides information to circumvent manufacturer-installed copy-protect devices, or provides pirated images, audio or video, or links to pirated images, audio or video files;
  • contains video, audio photographs, or images of another person without his or

her permission (or in the case of a minor, the minor’s legal guardian);

  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or other illegal or inappropriate manner;
  • provides instructional or promotional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses, malware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • contains viruses, malware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • impersonates, or otherwise misrepresents an affiliation, connection or association with, any person or entity;
  • provides information or data you do not have a right to make available (such as inside information, proprietary and confidential information);
  • disrupts the normal operation of the Website and/or the Services, including without limitation by causing a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to use the Website and/or the Services;
  • solicits passwords or personal identifying information from other users for commercial or unlawful purposes or disseminates another person’s personal information without his or her permission;
  • publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
  • is otherwise inappropriate, offensive, or objectionable, all as may be determined in the sole and absolute discretion of the Company.

 

The Company reserves the right, in its sole discretion, to investigate and take appropriate action, including without limitation, legal action, against anyone who violates this provision or any other part of this Agreement, including removing the offending User Content, or other communication from the Website or Service and terminating or suspending the membership and/or subscription of such violators.

 

  1. Your use of the Website and Service, including all User Content you post through the Service, must comply with all applicable laws and regulation You agree that the Company may access, preserve and disclose your account information and User Content if required to do so by law or under a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service or

 

allow you to use the Website or the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

 

  1. You may not post any telephone numbers, street addresses, URLs or email addresses in areas of your Member profile that may be viewed by other Memb You agree that any User Content you place on the Website to be viewed by other Members may be viewed by any person visiting the Website or participating in the Service.

 

  1. Prohibited Activities.

 

The Company reserves the right to investigate and/or terminate your subscription and/or membership if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Website but involve Members you meet through the Service, or if you have otherwise violated or breached the terms of this Agreement. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not, as may be determined in the sole and absolute discretion of the Company:

  • impersonate any person or entity.
  • solicit money from any Memb
  • post any User Content that is prohibited by Section 9.
  • “stalk” or otherwise harass any person.
  • express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
  • ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its content
  • collect usernames and/or email addresses of members by electronic or other means or frame or link to the Website without out our prior authorization.
  • interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website or otherwise used by Company.
  • email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software).
  • “frame” or “mirror” any part of the Service or the Website, without the Company’s prior written authorization.
  • use meta tags or code or other devices containing any reference to the Company, the Company’s intellectual property, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website, application or service for any purpo
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.

 

  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Service other than solely in connection with your use of the Service in accordance with this Agreement.

 

  1. Subscriptions; Charges on Your Billing Account.

 

  • If you chose to purchase a paid subscription, the Company bills you through an online account (your “Billing Account”) for use of the Servi You agree to pay the Company all charges at the prices you agreed to for any use of the Service by you using your Billing Account, and you authorize the Company to charge your chosen payment provider (your “Payment Method”) for the Service. The Company reserves the right to change the Payment Methods it is able to accept at any time. You agree to make payment using your selected Payment Method. The Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be subject to by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your membership, account, subscription, and access to the Services immediately. If the Company successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your membership account, subscription, or access to the Services reinstated.

 

  • By subscribing, you authorize the Company to charge your Payment Method now and again at the beginning of each month of your Subscription Period. Payment is in equal monthly installment You also authorize the Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. If the Company does not receive any payment under this Agreement from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may in its sole discretion, either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received.

 

  • For Members who are not residents of Quebec or Manitoba. Your subscription will continue indefinitely until cancelled by you. Your initial Subscription Period will be as stated in the Subscription Policies provided to you at the time you first subscribed. After your initial Subscription Period, and again after any subsequent Subscription Period, your subscription will automatically continue for an additional equivalent period, at the monthly price you agreed to when subscribing. You expressly agree that your account will be subject to this automatic renewal featur Between 60 and 90 days prior to the renewal of your subscription, you will be sent a notice. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “Account Settings” on the Website and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of the then-current month of your Subscription Period; following which your subscription will be terminated and your subscription will not be renewed. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current or prior months of your Subscription Period.

 

  • For Members who are residents of Manitoba. No Subscription Period will exceed 12 months.

 

 

  • For Members who are residents of Quebec or Manitoba. Your Subscription Period will be as stated in the Subscription Policies provided to you at the time you first subscribed. At the end of your Subscription Period, your subscription will expi Between 60 and 90 days prior to the expiry of your subscription, you will be sent a notice of the pending expiry of your subscription. If you wish to enter a new subscription, you will have the ability to visit the website and purchase a new subscription, as set out in this Agreement and the Subscription Policies. If you cancel your subscription prior to the end of your Subscription Period, you may use your subscription until the end of the then-current month of your Subscription Period; following which your subscription will be terminated. However, except as may be expressly set out in this Agreement, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current or prior months of your Subscription Period.

 

  • You must provide current, complete and accurate information for your Billing Account and Payment Method. You must promptly update all information to keep your Billing Account and Payment Method current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the Company if your Payment Method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at “Account Settings” on the Websit If you fail to provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account.

 

  1. Modifications to Service and Agreeme

 

The Company reserves the right to restrict, suspend, terminate, or otherwise change any aspect of this Agreement or the Services. We may modify in whole or in part Agreement or the Services at any time. In particular, but without limiting the generality of the forgoing, we may modify:

 

  • The Services offered,

 

  • The manner in which members participate in the Services and on the Website, o The provisions relating to termination and renewal of paid subscriptions, and o To the extent permitted by the applicable law, the price of the Services.

In the event this Agreement, or any aspect of the Services are restricted, suspended, terminated, or otherwise changed, we will provide you notice at least 30 days before the amendment comes into effect, by posting the amended terms and conditions on the Website, and if you have registered or subscribed, by sending you written notice using your email and/or mailing address, and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your membership or subscription without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than 30

days after the amendment comes into force, in the manner indicated in the notice. Your continued use of the Services following such date will constitute your express consent to any amendments to these Agreement, or any other aspect of the Services.

 

The Company reserves the right at any time to modify or suspend temporarily or permanently the Website (or any part thereof) with or without notice. You agree that

 

the Company shall not be liable to you or to any third party for any modification, or suspension, of the Website.

 

To protect the integrity of the Website or the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.

 

  1. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.

 

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information:

 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
  • your address, telephone number and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behal

 

Notice of claims of copyright infringement should be provided to the Company at copyright@Amintro.com

 

The Company may, in its sole and absolute discretion, terminate the accounts of repeat infringers.

 

  1. Communication

 

When you become a Member, you agree and consent to receive transactional, administrative notices, service announcements or change announcements via email messages from us. Please see the Company’s Privacy Policy for more information regarding these communications. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.

 

  1. Disclaimer

 

To the maximum extent permitted by the applicable law, you acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the Website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member;

 

(iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.

 

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.

 

From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.

 

  1. Link

 

The Website may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or

 

business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

 

  1. Limitation on Liability.

 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 

  1. Arbitration.

 

This section 18 does not apply to residents of Quebec, Ontario or Saskatchewan.

 

To the maximum extent allowed by applicable law the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING

ARBITRATION administered by an arbitration association selected by the Company. Despite this section you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

 

By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR

OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other

 

judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or provincial courts located in Toronto, Ontario. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

  1. Governing law.

 

For individuals who are not residents of Quebec, this Agreement, and any dispute between you and the Company, shall be governed by the laws of the province of Ontario without regard to principles of conflicts of law. For individuals who are residents of Quebec, this Agreement, and any dispute between you and the Company, shall be governed by the laws of the province of Quebec without regard to principles of conflicts of law.

 

  1. Indemnity by You.

 

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

 

  1. Notice.

 

The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

 

  1. Entire Agreement; Other.

 

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between you and the Company regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non- transferable and all of your rights to your profile or contents within your account

 

terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

 

  1. Contact U

 

Please Contact Us at 42 Camden Street, Suite 303, Toronto, Ontario M5V 1V1 or legal@amintro.com with any questions regarding this Agreement.

 

  1. Special Term

 

The following provision is added to this Agreement for subscribers residing in Manitoba:

 

You may cancel this contract by notice in writing within 7 days after you sign it. If you do not cancel this contract within the 7 days, you may not be able to cancel it afterwards. You may send your notice by registered mail to Amintro Inc. at   42 Camden Street, Suite 303, Toronto, Ontario M5V 1V1 or you may deliver it there yourself. You must mail it or deliver it before the end of the 7 days. If you cancel the contract, any moneys you paid will be returned to you.

 

Please include your Amintro username and email address in any correspondence or your refund may be delayed.

 

 

Amintro is a trademark of Amintro Inc.

 

———————————————————————————————————————

 

Welcome to Amintro, the social app exclusively for adults ages 50+ that helps facilitate new and meaningful friendships online and offline, helping to eradicate social isolation and loneliness.  Amintro is operated by Amintro Inc. (the “Company” or “Amintro”). Amintro is a Canadian company.

 

By accessing the Amintro website, and/or mobile application/platform, (collectively, the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of Amintro. Before you use the Website (other than to view this Agreement), or if you wish to become a member and make use of the Amintro service (the “Service”), please read these Terms of Use. The term “Website” is deemed to refer to using of the Service by means of a computer, a mobile device or a mobile application.

 

You should also read the Amintro Privacy Policy, which is incorporated by reference into this Agreement and available on the Website. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Amintro Privacy Policy, do not use the Website or the Service. You may contact us using the contact information provided below with any questions regarding this Agreement.

 

  1. Acceptance of Terms of Use Agreement.

 

  1. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website and to become a member of Amint For purposes of this Agreement, the term “Member” means a person who provides

 

information to the Company on the Website or who participates in or uses the Service in any manner, whether such person uses the Service as a free member or a subscriber. This Agreement includes the Company’s (i) Privacy Policy, and (ii) Safety Guidelines, and any additional terms or conditions disclosed and agreed to by you if you become a subscriber or if you purchase or accept additional  features, products or services we may offer on the Website, such as terms governing features, billing, free trials, discounts and/or any promotional offers we may choose to make from time to time in our sole and absolute discretion. Additional terms and conditions may apply depending on your class of membership and the benefits available to different membership classes may  differ. You must review any safety information provided by Amintro on the Website.

 

  1. By accessing the Website or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic fo Please print a copy of this Agreement for your records.

 

  1. By using the Service, you consent to receive this Agreement in electronic form by using the Servi To withdraw this consent, you must cease using the Service and terminate your account.

 

  1. Eligibility.

 

You must be at least 50 years of age to access and use the Service and a legal  resident of the United States. The Service and Website are intended for use in the Unites States only. You agree that you will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. Any use of the Website and/or Service is void where prohibited. By accessing and using the Website and/or Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and that you will abide by all of the terms and conditions of this Agreement. You further represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Amintro does not conduct criminal background screening of its Members. However, Amintro reserves  the right to conduct any background check, at any time using publically available records to confirm your compliance with this provision. By agreeing to these terms  and conditions, you hereby authorize any such check.

 

  1. Membership and Subscription.

 

You may register as a Member at no cost; provided however Amintro reserves the right to change its Membership terms at any time in the future, in Amintro’s sole discretion, and may require a membership fee. In the event a Member fee is required, you will be notified and have the right to cancel your Membership as set forth in paragraph 4.  Any subscription policies that may be disclosed to you when you subscribe to the Service are a part of this Agreement and are hereby incorporated by reference (“Subscription Policies”). Absent any special offers which we may choose to make available from time to time in our sole and absolute discretion, you acknowledge and agree that if you are (i) not a subscriber, you will not be able to use all the features and services available within the Service. A Member profile (both subscribers and non-subscribers) may remain posted on the Website even if that Member is not actively using the Service. You acknowledge that although a Member’s

 

profile may be viewed, you may not (even as a subscriber) be able to use the Service to communicate with that Member if he or she is not then actively using the Service.

 

  1. Term and Termination.

 

  1. This Agreement will remain in full force and effect while you use the Service and/or are a Memb

 

  1. You may change or cancel your membership at any time, for any reason, by following the instructions on the “change/ cancel membership” or similar page on your “Account Settings” pag You may change or cancel your subscription at any time online by following the instructions on the “Subscription” page on your “Account Settings” page. You may also cancel your membership by sending the Company  email notice of cancellation to Customer Care. If you cancel your membership via the Website, we may ask you to provide a reason for your cancellation, and you may choose to do so if you wish. If you cancel your subscription, the Company requires a reasonable amount of time to process the action. If you cancel a subscription, you will enjoy subscription benefits until the end of the then-current month of your Subscription Period, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current month or prior months of your Subscription Period.

 

  1. Cancelling a subscription does not automatically cancel your membership. If you are a subscriber and you cancel your subscription but not your membership, unless you elect to hide your profile or cancel your membership, you will continue to be a Member in the Service and others may view your profil If you hide your profile, other Members will not be able to view your profile until you “unhide” your profile; however, your profile will remain available to you should you choose to “unhide” it. If you cancel your membership, your profile will be removed and deleted, and neither you nor other Members will be able to view your profile. If you hide your profile, (but not if you cancel your membership) you will be able to use your current registration information to “unhide” your profile and reactivate your membership for one year. A Member can hide his or her profile or cancel his or her membership and remove their profile at any time by following the instructions contained on the “Account Settings” page on the Website.

 

  1. The Company may terminate or suspend your subscription and/or membership in the Service at any time without notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of the subscription fees you have paid prior to such termination or suspension and, if applicable, all unpaid subscription amounts and other fees you owe for the portion of your Subscription Period prior to such termination or suspension will immediately be due.

 

  1. After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

 

  1. Non-commercial Use by Members.

 

The Website and Service is for personal, non-commercial, use only. Members may not use the Service in connection with any commercial endeavours, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the

 

Company or (ii) otherwise using the Website or Service for any other commercial purposes as may be determined by Amintro, in its sole and absolute discretion, to be inconsistent with the intended use or function of the Website or Service. Users of the Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Website for any purpose. The Company may, in its sole and absolute discretion, investigate and take any available legal and/or other action in response to illegal and/or unauthorized uses of the Website and/or the Service, including, without limitation in cases where a person collects usernames and/or email addresses of members by electronic or other means and framing of or linking to the Website that is not authorized by the Company in writing.

 

Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to use our Website(s) and our Services in accordance with your membership and/or subscription. If you have chosen to become a paid subscriber, the term of your subscription is your “Subscription Period”. Subject to the terms and conditions in this Agreement, Amintro hereby grants you a limited, non-sublicenseable, non-assignable, non-exclusive, non-transferable and fully revocable license to use the Website and/or the Service for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein. You agree that you shall not take or permit any action with respect to the Website and/or the Service, or any component or content thereof that is not expressly authorized  under this limited licence. Your limited license to use our Website, the Service, and its content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first).

 

  1. Account Security.

 

You are solely responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You may not provide your username and password to any other person, or allow any other person to use or access your account. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password, of any unauthorized use of your account, or of any other breach of security, and ensure that you log out from your account at the end of each session. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.

 

  1. Your Interactions with Other Member

 

  1. c. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBER YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THE RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR THE SERVICE.

 

  1. d. The Company is not responsible for the conduct of any Memb To the extent permitted under the applicable law, as noted in and without limiting Sections 16 and 18 below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Website or meet in person.  You understand that the Company makes no guarantees, either express or implied, regarding your use of the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.

 

  1. Proprietary Right

 

The Company owns and retains and/or uses under licence, all proprietary rights in the Website and the Service, and in all content, trade-marks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trade-marks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trade-marks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trade-mark and other intellectual property notices.

 

  1. Content Posted by You on the Website.

 

  1. You are solely responsible for all content, materials, and information that you post, upload, publish, link to, transmit, record, display or otherwise make available on the Service or transmit to other Members (hereinafter, “post”), including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “User Content”). You may not post on the Website or as part of the Service, or transmit to the Company or any other Member (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information, including without limitation User Content, that you submit or post is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or fal

 

  1. You understand and agree that the Company may, but is not obligated to, monitor or review any User Content you post on the Website or as part of a Servi The Company may delete any or all User Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Website, the Services, or the Company. The Company may restrict the number of

 

emails or other messages which a Member may send to other Members in any 24- hour period to a number which we deem appropriate in our sole and absolute discretion.

 

  1. By posting User Content on the Website or as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the User Content, (ii) prepare derivative works of the User Content or incorporate the User Content into other works, (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created, and (iv) you waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Website or Service in favour of Company and anyone authorized by Company to reproduce or otherwise use such User Content. You represent and warrant that any posting and use of your User Content by the Company will not infringe or violate the rights of any third party.

 

  1. You assume all risks associated with your User Content – including, but not limited to, any third party’s reliance on its quality, accuracy, or reliability, or any disclosure of information in your User Content that makes you or others personally identifiabl You hereby agree that Company has no responsibility or liability whatsoever for any such activities. You also agree and understand that your User Content is not  sponsored or endorsed by Company, and you will not imply that your User Content is in any way sponsored or endorsed by Company. Please consider carefully what User Content you choose to post.

 

  1. In addition to the types of User Content described in Section 9(a) above, the following is a partial list of the kind of User Content that is prohibited on the Websit You may not post, upload, display or otherwise make available any User Content that, as may be determined in the sole and absolute discretion of the Company:
    • promotes racism, bigotry, hatred or physical or psychological harm of any kind against any group or individual;
    • amounts to or advocates harassment or intimidation of another person;
    • requests money from, or is intended to defraud, other users of the Website or Service;
    • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass

mailing or “spamming” (or “phishing”, “trolling” or similar activities);

  • includes or promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libellous or otherwise objectionable;
  • includes or promotes an illegal or unauthorized copy of another person’s copyrighted work, including without limitation, literary works, photos, videos, recordings or audio files, or computer programs, that provides information to circumvent manufacturer-installed copy-protect devices, or provides pirated images, audio or video, or links to pirated images, audio or video files;
  • contains video, audio photographs, or images of another person without his or

her permission (or in the case of a minor, the minor’s legal guardian);

  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or other illegal or inappropriate manner;
  • provides instructional or promotional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or

 

providing, disseminating or creating computer viruses, malware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

  • contains viruses, malware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • impersonates, or otherwise misrepresents an affiliation, connection or association with, any person or entity;
  • provides information or data you do not have a right to make available (such as inside information, proprietary and confidential information);
  • disrupts the normal operation of the Website and/or the Services, including without limitation by causing a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to use the Website and/or the Services;
  • solicits passwords or personal identifying information from other users for commercial or unlawful purposes or disseminates another person’s personal information without his or her permission;
  • publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
  • is otherwise inappropriate, offensive, or objectionable, all as may be determined in the sole and absolute discretion of the Company.

 

The Company reserves the right, in its sole discretion, to investigate and take appropriate action, including without limitation, legal action, against anyone who violates this provision or any other part of this Agreement, including removing the offending User Content, or other communication from the Website or Service and terminating or suspending the membership and/or subscription of such violators.

 

  1. Your use of the Website and Service, including all User Content you post through the Service, must comply with all applicable laws and regulation You agree that the Company may access, preserve and disclose your account information and User Content if required to do so by law or under a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website or the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

 

  1. You may not post any telephone numbers, street addresses, URLs or email addresses in areas of your Member profile that may be viewed by other Memb You agree that any User Content you place on the Website to be viewed by other Members may be viewed by any person visiting the Website or participating in the Service.

 

  1. Prohibited Activitie

 

The Company reserves the right to investigate and/or terminate your subscription and/or membership if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Website but involve Members you meet through the Service, or if you have otherwise violated or breached the terms of this Agreement. The following is a partial list of the type of actions that you may not engage in with respect to the

 

Service. You will not, as may be determined in the sole and absolute discretion of the Company:

  • impersonate any person or entity.
  • solicit money from any Memb
  • post any User Content that is prohibited by Section 9.
  • “stalk” or otherwise harass any person.
  • express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
  • ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its content
  • collect usernames and/or email addresses of members by electronic or other means or frame or link to the Website without out our prior authorization.
  • interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website or otherwise used by Company.
  • email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software).
  • “frame” or “mirror” any part of the Service or the Website, without the Company’s prior written authorization.
  • use meta tags or code or other devices containing any reference to the Company, the Company’s intellectual property, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website, application or service for any purpo
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Service other than solely in connection with your use of the Service in accordance with this Agreement.

 

  1. Subscriptions; Charges on Your Billing Account.

 

  • If you chose to purchase a paid subscription, the Company bills you through an online account (your “Billing Account”) for use of the Servi You agree to pay the Company all charges at the prices you agreed to for any use of the Service by you using your Billing Account, and you authorize the Company to charge your chosen payment provider (your “Payment Method”) for the Service. The Company reserves the right to change the Payment Methods it is able to accept at any time. You agree to make payment using your selected Payment Method. The Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be subject to by agreements between you and the financial institution, credit card issuer

 

or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your membership, account, subscription, and access to the Services immediately. If the Company successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your membership account, subscription, or access to the Services reinstated.

 

  • By subscribing, you authorize the Company to charge your Payment Method now and again at the beginning of each month of your Subscription Period. Payment is in equal monthly installment You also authorize the Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. If the Company does not receive any payment under this Agreement from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may in its sole discretion, either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received.

 

 

 

 

  • You must provide current, complete and accurate information for your Billing Account and Payment Method. You must promptly update all information to keep your Billing Account and Payment Method current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the Company if your Payment Method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at “Account Settings” on the Websit If you fail to provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account.

 

  1. Modifications to Service and Agreeme

 

The Company reserves the right to restrict, suspend, terminate, or otherwise change any aspect of this Agreement or the Services. We may modify in whole or in part Agreement or the Services at any time. In particular, but without limiting the generality of the forgoing, we may modify:

 

  • The Services offered,

 

  • The manner in which members participate in the Services and on the Website, o The provisions relating to termination and renewal of paid subscriptions, and o To the extent permitted by the applicable law, the price of the Services.

In the event this Agreement, or any aspect of the Services are restricted, suspended, terminated, or otherwise changed, we will provide you notice at least 30 days before the amendment comes into effect, by posting the amended terms and conditions on the Website, and if you have registered or subscribed, by sending you written notice using your email and/or mailing address, and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your membership or subscription without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than 30 days after the amendment comes into force, in the manner indicated in the notice. Your continued use of the Services following such date will constitute your express consent to any amendments to these Agreement, or any other aspect of the Services.

 

The Company reserves the right at any time to modify or suspend temporarily or permanently the Website (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, or suspension, of the Website.

 

To protect the integrity of the Website or the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.

 

  1. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.

 

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information:

 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
  • your address, telephone number and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behal

 

Notice of claims of copyright infringement should be provided to the Company at copyright@Amintro.com

 

The Company may, in its sole and absolute discretion, terminate the accounts of repeat infringers.

 

  1. Communication

 

When you become a Member, you agree and consent to receive transactional, administrative notices, service announcements or change announcements via email messages from us. Please see the Company’s Privacy Policy for more information regarding these communications. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.

 

  1. Disclaimer

 

To the maximum extent permitted by the applicable law, you acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the Website or Service; (ii) the timeliness, deletion or

 

removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member;

(iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.

 

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.

 

From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.

 

  1. Link

 

The Website may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or

 

liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

 

  1. Limitation on Liability.

 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 

  1. Arbitration.

 

 

 

All disputes arising under this Agreement shall be submitted to binding arbitration  pursuant to the Federal Arbitration Act. Such arbitration shall be conducted under the terms and provisions contained herein.  The arbitration shall be conducted in Martin County, Florida in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (the “Rules”) existing on the date thereof.  The dispute shall be submitted to a single arbitrator who is listed on the commercial panel of the American Arbitration Association. The written decision of the arbitrator shall be binding, final and conclusive upon the parties involved, and judgment may be entered on any such decision in any federal or state court having jurisdiction. The arbitrator shall issue a simple Award.  Each party shall bear its own costs, attorneys’ fees, and other expense of the arbitration, with the fees of the arbitrator to be apportioned one half to you and one half to the Company.   Class action lawsuits, class wide arbitrations, private attorney-general actions and/or any other proceedings where someone acts in a representative capacity are not allowed.  The arbitration shall be confidential and no party, including the arbitrators, shall disclose any matter that arises in connection with the arbitration, or during any arbitration proceeding.  The arbitration shall be conducted in English.  The arbitrator shall have at least ten (10) years of experience as an arbitrator and shall have sufficient experience in arbitrating the claims brought by the party filing the claim in arbitration.  All arbitration proceedings shall be

 

concluded within ninety (90) days of the filing date of the arbitration. The arbitrator is not authorized to award punitive damages or other damages not measured by the prevailing party’s actual damages.

Due to the expedited nature of arbitration and the agreement between you and the company contained herein to arbitrate all disputes, discovery shall be limited in the arbitration as follows:

  • The arbitrator shall require exchange by the parties of (i) the name and, if known, address and telephone number of each person likely to have knowledge of relevant information, identifying the subjects of the information, and (ii) non-privileged documents, including those in electronic form, that are relevant to the issues raised by any claim, defense or counterclaim or on which the producing party may rely in support of or in opposition to any claim, defense or counterclaim. The arbitrator shall limit such production based on considerations of unreasonable expense, duplication and undue burden. These exchanges shall occur no later than a specified date within 60 days following the appointment of the arbitrator
  • At the request of a party, the arbitrator may at his or her discretion order the deposition of witnesses. Depositions shall be limited to a maximum of two depositions per party, each of a maximum of four hours duration, unless the arbitrator otherwise determines.
  • All discovery shall be completed within 60 days following the appointment of the arbitrator.

 

YOU HEREBY WARRANT TO THE COMPANY AS FOLLOWS REGARDING YOUR AGREEMENT TO ARBITRATE:

  • ARBITRATION IS FINAL AND BINDING ON THE PARTIE
  • THE PARTIES ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO JURY TRIA
  • PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN, AND DIFFERENT FROM, COURT PROCEEDING
  • THE ARBITRATOR’S AWARD IS NOT REQUIRED TO INCLUDE FACTUAL

FINDINGS OR LEGAL REASONING AND ANY PARTY’S RIGHT TO APPEAL OR TO

SEEK MODIFICATION OF RULINGS BY THE ARBITRATORS IS STRICTLY LIMITED.

 

 

 

  1. Governing law.

 

This Agreement, and any dispute between you and the Company, shall be governed by the laws of Florida without regard to principles of conflicts of law

 

  1. Indemnity by You.

 

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

 

  1. Notice.

 

The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

 

  1. Entire Agreement; Other.

 

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between you and the Company regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non- transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

 

  1. Contact U

 

Please Contact Us at 6B – 180 Sandalwood Parkway East, Suite 300, Brampton, Ontario L6Z 1Y4 or legal@amintro.com with any questions regarding this Agreement.

 

  1. Special Term

 

7 Day Cancellation:

 

You may cancel this contract by notice in writing within 7 days after you sign it. If you do not cancel this contract within the 7 days, you may not be able to cancel it afterwards. You may send your notice by registered mail to Amintro Inc. at 42  Camden Street, Suite 303, Toronto, Ontario M5V 1V1 or you may deliver it there yourself. You must mail it or deliver it before the end of the 7 days. If you cancel the contract, any moneys you paid will be returned to you.

 

Please include your Amintro username and email address in any correspondence or your refund may be delayed.

 

Cancellation As a Result of Death or Disability:

 

In the event you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you made for your subscription which is allocable to the period after your death. In the event you become disabled before the end of your subscription period, you shall be entitled to a refund of the portions of any payment you made for your subscription which is allocable to the period after your disability by providing notice to Amintro at the address listed above.

Amintro is a trademark of Amintro Inc.