Website Terms of Use

Last Updated: March 7th, 2023

Colabsoftware.com, including all of its features and content (collectively, the “Website”) is made available by CoLab Software Inc.(“CoLab”) and all content, information, services, designs, names, logos, text, photographs, video, audio, audiovisual works, graphics, and user interfaces provided on or through the Website (collectively, the “Content”) may be accessed and/or used solely under the following legally binding terms and conditions of use (“Terms of Use”). Your use of the Website constitutes your acceptance of these Terms of Use, as amended from time to time. IF ANY OF THESE TERMS OF USE ARE UNACCEPTABLE TO YOU, DO NOT USE THIS WEBSITE.

These Terms of Use are between you and CoLab only, and not with any such platform, device provider, wireless carrier, venue or any other third party used by you to access the Website. You will use the Website in compliance with any applicable laws, rules and regulations.

Please note that these Terms of Use do not govern access to or use of CoLab’s Services (the “Services”), the use of which is governed by separate terms of service available on the Website or negotiated between the parties.

1. Website Limited License

1.1 The Website and Content are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights and laws of Canada and the United States. You are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content (and any updates thereto) in accordance with these Terms of Use.

1.2 Access to the Website does not give or imply access to the Services.  You do not have access to the Services unless you are granted such access by CoLab, under a binding order form and applicable legal agreement.

2. Limitations on Use

The Content on this Website is for your personal use only and not for commercial exploitation. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-commercial or public purposes all or any portion of this Website or the Content. You may not use this Website or the Content for any illegal purpose, in any illegal manner or in any manner inconsistent with these Terms of Use. You may not sublicense or create derivative works from this Website or the Content. You may not use any robot, spider, crawler, or scraper to copy the Website or the Content. Any unauthorized use of this Website or its Content is prohibited.

3. Intellectual Property Rights

CoLab retains all right, title and interest in and to the Website, including all Content therein and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (“CoLab IP”). You agree not to use any CoLab IP in any way other than within the terms of the license granted herein. CoLab reserves all ownership and other rights in the Website and the Content.

4. Linking to this Website

You may provide links to this Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Website, including any Content, terms of use, copyright notices, or other notices on this Website, (b) you immediately deactivate and discontinue providing links to this Website if requested by CoLab and (c) acknowledge that CoLab may deactivate any link(s) at its sole discretion.

5. Errors and Corrections

CoLab does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that it will always be accessible. CoLab does not warrant or represent that the Content available on or through this Website will be correct, accurate, timely, reliable or always available.

6. Assumption of Risk

Unless prohibited by law, you assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your engagement with the features of this Website.

7. DISCLAIMER

TO THE EXTENT NOT PROHIBITED BY LAW, THE WEBSITE, AND THE CONTENT, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND COLAB EXPRESSLY DISCLAIMS ALL WARRANTIES. TO THE EXTENT NOT PROHIBITED BY LAW, COLAB DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, AND THE CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES, (B) THE UNAVAILABILITY OF THE WEBSITE OR THE CONTENT, OR (C) YOUR USE OF THE WEBSITE AND THE CONTENT.

8. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, COLAB SHALL NOT BE LIABLE FOR ANY LOSS, CLAIM, LIABILITY, OR DAMAGES (INCLUDING SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, COLAB’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

9. Indemnification

You agree to indemnify, defend and hold harmless CoLab, its present and future officers, directors, employees, agents, and any third party information providers to this Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from any false, infringing or misleading information that you submit to CoLab.

10. Remedies for Violations

CoLab reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to the Website.

12. Governing Law and Jurisdiction

Unless otherwise required by applicable mandatory local law, these Terms of Use are governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador, Canada without reference to its principles of conflicts of laws, and any action arising out of or relating to these Terms of Use shall be filed only in the courts located in St. John’s, Newfoundland and Labrador. You hereby consent and submit to the exclusive personal jurisdiction of the applicable courts set forth above for the purpose of litigating any such action.

13. Privacy

Your use of the Website is subject to CoLab’s Privacy Notice, which is available here.

14. Severability of Provisions

These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Notice and constitute the entire agreement with respect to access to and use of the Website and the Content. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

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